Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9104 of 2023 Arising Out of PS. Case No.-219 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== SHYAM KUMAR S/O RAJDEV DAS Resident of Village- Jamuniya, P.S.- Pipra, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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, 120B and 34 of the Indian Penal Code.

As per prosecution case, due to land dispute, all the FIR named persons including the petitioner with criminal conspiracy to each other, have committed murder of the informant's son after assaulting and throttling him. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. On the basis of suspicion, the name of the petitioner has come into light. There is no consistent evidence and no eye-witness to show that the petitioner has

Patna High Court CR. MISC. No.9104 of 2023(3) dt.04-05-2023 2/2 involved in the said crime. He submitted that the others coaccused have already been granted bail by a Co-ordinate Bench vide order dated 26.09.2022 passed in Cr. Misc. No. 17051 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.09.2021.

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 Additional Sessions Judge-19th, East Champaran/concerned Court in connection with Piprakothi P.S. Case No. 219 of 2021. (Sunil Kumar Panwar, J) arish/- U T