Abhishek Singh @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14194 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== Abhishek Singh @ Abhishek Kumar Son Of Futo Singh @ Ashok Singh R/O Village- Nipania, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== 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 registered for the offence punishable under sections 120b, 302/34 of the Indian Penal Code and Section 27(iii) of the Arms Act.
As per FIR, the allegation against the accused persons including the petitioner is that in criminal conspiracy they murdered the husband of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the
Patna High Court CR. MISC. No.14194 of 2023(3) dt.20-06-2023 2/2 alleged occurrence and there is no specific allegation of committing murder attributed against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 64040 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 29.08.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwaria P.S. Case No. 114 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Begusarai.
(Sunil Kumar Panwar, J) manishkumar/- U T