Shambhu Ishar @ Shambhu Shingh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20586 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- NIRMALI District- Supaul ====================================================== Shambhu Ishar @ Shambhu Shingh Son of Late Bahuri Ishar Resident of Village - Menahi, P.S.- Andhramath, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, 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 and 34 of the Indian Penal Code.
As per the prosecution case, the husband of the informant proceeded with Dashrath Ishar and thereafter did not return. The informant states that she suspects the F.I.R. named accused persons of having murdered her husband. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. He has been falsely implicated in the case in course of investigation only for the reason that he happens to be the father of the F.I.R. named accused Dashrath Ishar with whom the husband of the informant had proceeded as per the allegations in the F.I.R. Neither there
Patna High Court CR. MISC. No.20586 of 2021(4) dt.16-11-2021 2/2 is any eye witness to the occurrence nor is there any incriminating material against this petitioner. The petitioner is in custody since 13.6.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Nirmali P.S. Case no. 117 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 A.D.J. VII, Supaul.
(Partha Sarthy, J) Bibhash U