Bhanjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35996 of 2020 Arising Out of PS. Case No.-1084 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== BHANJAN SINGH Son of Bidhya Sagar Singh @ Vidyasagar Singh Resident of Muhalla - Krishna Nagar, P.S.- Nawada Ara, District - Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-03-2021 Heard the learned counsel for the petitioner and Sri Chandra Bhushan Prasad, the learned APP for the State. The petitioner seeks regular bail in connection with Ara Nawada PS case no. 1084 of 2019 instituted for the offences punishable under Sections 302/34 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the uncle of the informant having been shot dead by unknown miscreants. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 26.06.2020. The learned counsel for the petitioner has further submitted that the petitioner is not named in the FIR and has been roped in the present case merely on suspicion. Lastly,

Patna High Court CR. MISC. No.35996 of 2020(3) dt.10-03-2021 2/2 it is submitted that there is no eye-witness to the alleged occurrence and charge-sheet has already been filed, hence no prejudice would be caused to the prosecution, in case the petitioner is granted bail.

Per contra, the learned A.P.P. 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 parties and taking into account the materials available on record as also those available in the case diary, this Court finds that barring suspicion, there is no other material in the entire case diary so as to connect the petitioner with the alleged crime. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada PS case no. 1084 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T