Sillu Kumar @ Shillu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20419 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Sillu Kumar @ Shillu Mishra Son Of Omprakash Mishra R/O Pujaha, Patjirwa, Bazar Tola, Ward No.- 12, P.S.- Srinagar, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. The prosecution case as per F.I.R is that the petitioner along with other co-accused persons called the son of the informant and thereafter took him with them. Next day, the dead body of the son of the informant was found.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to
Patna High Court CR. MISC. No.20419 of 2023(2) dt.22-05-2023 2/2 the occurrence. No motive has been assigned for commission of the alleged offence. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. At best, it is a case of last seen. The petitioner is languishing in custody since 21.06.2022. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 5th, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 191 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T