Abdhesh Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19093 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== ABDHESH ROY Son of Vindeshwar Ray R/o- Village - Mali Nagar, Simari, P.S. - Chak Mehsi, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated by the informant that she is convinced that as a result of conspiracy the accused persons namely Suresh Rai, Arun Verma and Pankaj Kumar have a hand in murder of the her husband. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. His name transpired in the further statement of the informant which has been recorded in paragraph no. 10 of the case diary wherein in addition to the suspicion raised against the F.I.R named accused

Patna High Court CR. MISC. No.19093 of 2021(4) dt.16-11-2021 2/2 persons, she also includes the name of the petitioner for the reason that he had been sent to jail on account of a case lodged by the deceased. It is submitted by the petitioner that besides the unfounded suspicion raised by the informant in her further statement no incriminating material has transpired in course of investigation against the petitioner who is in custody since 23.11.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 11 months, the Court directs the petitioner to be enlarged on bail in connection with Piyar P.S. Case no. 213 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U