Patna High CourtCR. MISC./5425/2024allowed

Diplal Hembram v. The State Of Bihar

2024-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5425 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- KADWA District- Katihar ====================================================== Diplal Hembram Son Of Late Munsi Hembram R/O Vill.- Nadipur, P.S.- Kadwa, Distt.- 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.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 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 and 34 of the Indian Penal Code.

3. As per FIR, the allegation against the accused persons is that they committed murder of the informant's mother and threw her dead body behind his house near a pond.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no eye witness of the alleged occurrence. Nothing consistent material has found against him in respect of commission of murder. A statement has been made in para-3 of this petition that the petitioner has got no

Patna High Court CR. MISC. No.5425 of 2024(5) dt.17-05-2024 2/2 criminal antecedent. Other co-accused person who confessed his guilt, has already been granted bail by this Court vide order dated 19.01.2024 in Cr. Misc. No. 70056 of 2023. Moreover, he is languishing in judicial custody since 01.07.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kadwa P.S. Case No. 136 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 C.J.M., Katihar.

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