Shiv Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13347 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- MANSURCHAK District- Begusarai ====================================================== Shiv Kumar Das Son of Shri Hari Das @ Hari Nath Das Resident of VillageMishrabaliya, Police Station- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120B of the Indian Penal Code. The prosecution case in brief is that daughter in law of the informant was murdered by accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-10-2018. Charge sheet has already been submitted. The petitioner has been named in this case merely on the basis of suspicion. Further there is statement of wife of the deceased who is also an accused in the present case. Except for this, there is no other substantive evidence to

Patna High Court CR. MISC. No.13347 of 2019(5) dt.19-07-2019 2/2 suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the alleged offence. The other co-accused with similar allegation have been granted bail by coordinate benches of this court vide orders dated 03-04-2019, 21-05-2019 & 2606-2019 passed in Cr. Misc. Nos. 20218 of 2019, 15380 of 2019 and 23124 of 2019 respectively.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Begusarai in connection with Mansurchak P.S. Case No. 80 of 2018. (Sudhir Singh, J) A.K.V.//- U T