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Patna High CourtCR. MISC./39304/2023allowed

Sudhir Singh @ Sudhir Kumar Singh v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39304 of 2023 Arising Out of PS. Case No.-873 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Sudhir Singh @ Sudhir Kumar Singh Son Of Chakram Singh Resident Of Village- Jadia, Ps- Jadia, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the co-accused persons along with this petitioner is that they committed murder of the informant's son by shot firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused along with his self confessional statement before the police which has got no

Patna High Court CR. MISC. No.39304 of 2023(3) dt.03-10-2023 2/2 evidentiary value in the eye of law. Nothing consistent material has come against the petitioner to implicate in this alleged offence. Similarly situated other co-accused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 26.04.2023 in Cr. Misc No. 56756 of 2022. Moreover, the petitioner is languishing in judicial custody since 07.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Supaul P.S. Case No. 873 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.

(Sunil Kumar Panwar, J) shubham/- U T