Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37796 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== SHANKAR SINGH S/O HARI LAL SINGH @ HARI LAL PRASAD SINGH R/O Village- Pratap Nagar, Kadwa, PS. Naugachia Dist. Bhagalpur(Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. As per allegation in the FIR, husband of the informant, namely, Bhawesh Mehta (deceased) had gone to the house of his married sister, where four accused including the petitioner and 4-5 unknown accused committed his murder. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the present case. During investigation, no consistent material

Patna High Court CR. MISC. No.37796 of 2023(4) dt.30-10-2023 2/2 has come against the petitioner to show his involvement in the present case. Other accused person has already been enlarged on regular bail by another coordinate Bench of this Court vide order dated 6.4.2023 passed in Cr. Misc. No. 51003 of 2022. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 18.03.2023.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named accused.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st, Madhepura in connection with Alam Nagar P.S. Case No. 38 of 2022. (Sunil Kumar Panwar, J) sushma/- U