Parsuram Shah @ Khabar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1408 of 2021 Arising Out of PS. Case No.-338 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Parsuram Shah @ Khabar Shah S/o Motilal Shah R/o Village - Chhoti Sasaram, P.S. - Udawantnagar (Gajrajgunj), Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudha Chandra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code.

As per FIR, brother of the informant had gone with the petitioner and he did not return and next day the dead body was found.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.1408 of 2021(3) dt.04-03-2021 2/2 case. He submits that other similarly situated co-accused have been granted bail by coordinate Benches of this Court in Cr. Misc. No. 515 of 2020 on 20.02.2020 and in Cr. Misc. No. 6010 of 2020 on 28.05.2020. He submits that informant is not the eye witness to the said occurrence and merely on suspicion petitioner has been made accused. He submits that there is no overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 28.08.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with G.R. No. 3973 of 2019 arising out of Udawannagar (Gajrajgunj) P.S. Case No. 338 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T