Sambhu Singh @ Shambhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30324 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SAMBHU SINGH @ SHAMBHU SINGH Son of Mahendra Singh Resident of Village- Bardaha, Ward No.4, P.S.- Narpatgang, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bidhanesh Misra For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Narpatganj P.S. Case No. 136 of 2019 for the offence registered under Sections 365, 302, 201, 120(B)/34 of the Indian Penal Code.
The case of the prosecution in brief is that the grand daughter of the informant is stated to have disappeared on 05.03.2019 and the informant suspects that 11 accused persons including the petitioner herein might have taken the grand daughter of the informant somewhere and killed her. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since
Patna High Court CR. MISC. No.30324 of 2020(3) dt.06-01-2021 2/3 26.02.2020. The learned counsel for the petitioner has also submitted that there is no eye witness to the alleged occurrence and the petitioner has been falsely implicated in the present case merely on suspicion. Lastly, it is submitted that similarly situated co-accused persons have already been granted the privilege of bail by coordinate Benches of this Court vide order dated 16.10.2019 passed in Criminal Misc. No. 46435 of 2019 and order dated 18.06.2020 passed in Criminal Misc. No. 17140 of 2020.
Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case diary as also considering the parity of the case of the petitioner with that of the similarly situated co-accused persons, who have already been granted the privilege of bail by coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30324 of 2020(3) dt.06-01-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 136 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T