Diwakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4192 of 2023 Arising Out of PS. Case No.-13 Year-2020 Thana- SONO District- Jamui ====================================================== Diwakar Singh Son Of Nawal Singh R/O Village- Majhgany @ Manjhgain, P.O. And P.S.- Khaira, District- Jamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the informant got information about an unidentified dead body and he informed the S.H.O Sono. Thereafter, an advertisement was given in News paper regarding identification of the dead body after that one Aparna Devi identified this dead body as her husband. It is further alleged that Aparna Devi raised suspicion that the petitioner is indulged in hatching conspiracy to kill her husband in connivance with others.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.4192 of 2023(2) dt.05-04-2023 2/2 falsely been implicated in this case. The name of the petitioner has been dragged in this case only on the basis of last seen and the entire prosecution story hings around merely on suspicion. During investigation, nothing consistent evidence has come against the petitioner to show his involvement in this case. It is further submitted that there is no eye witness of the alleged offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 28.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Sono P.S. Case No. 13 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Jamui, Civil court.

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