Shiv Nandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7803 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- IMAMGANJ District- Gaya ====================================================== SHIV NANDAN DAS Son of Ram Gobind Das Resident of VillageSangrampur, P.S.- Imamganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code.

As per prosecution case, some unknown persons killed the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. Except suspicion, there is no consistent evidence and no eye-witness to show that the petitioner has involved in the said crime. During investigation, one Ranti Devi stated in her statement that the

Patna High Court CR. MISC. No.7803 of 2023(3) dt.20-06-2023 2/2 deceased was taken from her house and she thereafter slept in her house and woke up only when, there was hue and cry in the village. The prosecution side attempted to implicate their rival cast men including the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Class Judicial Magistrate, Sherghati (Gaya) in connection with Imamganj P.S. Case No. 76 of 2022.

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