Shambhu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 37967 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- BIHPUR District- Bhagalpur ====================================================== SHAMBHU DAS Son of Late Jamun Das Resident of village - Basgahra, P.S.- Ismailpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bimal Kumar, Advocate For the Opposite Party/s :

Mr Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No 303 of 2023 arising out of Bihpur (Bhawanipur OP) PS Case No 589 of 2022 dated 24.10.2022 initially registered for the offence punishable under Sections 364/34, 120B of the IPC but subsequently added with Sections 302, 201 of the IPC.

As per the prosecution case, the petitioner and the coaccused persons along with some unknown persons are alleged to have murdered the informant's son and the dead body was thrown in the river Ganga under conspiracy.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37967 of 2023(2) dt.07-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. It is further submitted that there is general and omnibus allegation against the petitioner. The petitioner is in custody in this case since 09.12.2022. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the allegation being general and omnibus against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Naugachia in Sessions Trial No 303 of 2023 arising out of Bihpur (Bhawanipur OP) PS Case No 589 of 2022 dated 24.10.2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T