Patna High CourtCR. MISC./83348/2023allowed

Naresh Roy v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83348 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- FALKA District- Katihar ====================================================== NARESH ROY S/O LATE GOVIND ROY R/O- BAKHARI, PS. FALKA (POTHIA O.P.), DIST.KATIHAR.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 of the Indian Penal Code.

3. The prosecution case is that the informant found an unknown dead body which was thrown in bush after committing murder.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. The name of the petitioner came into light on the basis of confessional statement of coaccused thereafter, this petitioner was arrested. No any consistent material has come against the petitioner during

Patna High Court CR. MISC. No.83348 of 2023(3) dt.21-03-2024 2/2 investigation. No one is eye witness to the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 16.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Falka (Pothia) P.S. Case No. 212 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar.

(Sunil Kumar Panwar, J) Amandeep/- U T