Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32152 of 2021 Arising Out of PS. Case No.-770 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SHASHI KUMAR Son of Munna Sah @ Munna Prasad Gupta Resident of Village - Astipur, P.S.- Sadar, Hajipur, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2022 Heard learned counsel for the parties through video conferencing.

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 informant states that as a result of litigation between the parties, the accused persons lodged false cases against the members of the informant's family. The husband of the informant also lodged a complaint against seven named accused persons including the petitioner herein. Subsequently, it is stated that the husband of the informant was killed. The informant is convinced that the eleven named accused persons including the petitioner herein have a hand in his murder.

Patna High Court CR. MISC. No.32152 of 2021(3) dt.20-01-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of pending disputes/litigation between the parties which is evident from the F.I.R. itself. There are no eye witness to the occurrence. No incriminating material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 28.2.2021 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 of the case together with material that has transpired in course of investigation and the petitioner having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 770 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 Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Bibhash U