Shyama Kant Ojha @ Shyama Kant Ojh @ Pappu Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51146 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== SHYAMA KANT OJHA @ SHYAMA KANT OJH @ PAPPU OJHA S/o LATE BHIM OJHA @ MEEL OJHA R/o VILLAGE-AMAWA MAJHAR CHHAURAHA, P.S.- BETTIAH (MUFASSIL), DISTRICT-WEST CHAMPARAN ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Bettiah Town P.S. Case No. 432 of 2020, registered for the offence under Section 302, 34 of the Indian Penal Code.

As per the prosecution case, son-in-law of the informant was stabbed to death by unknown miscreants. It is submitted on behalf of petitioner that name of the petitioner has come during course of investigation on the basis of confessional statement of co-accused Chhotu Khan @ Kaliya. It is further submitted that even in the confessional statement, petitioner is only alleged to be present at the place of occurrence along with co-accused. He is not alleged to have participated in the offence. Petitioner is in custody since 23.06.2020.

Patna High Court CR. MISC. No.51146 of 2021(4) dt.25-03-2022 2/2 Investigation is complete. Similarly situated co-accused Chhotu Khan has already been allowed bail by this Court vide order passed in Cr.Misc.No. 43180/2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed.

Let the above named petitioner be released on bail 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., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 432 of 2020.

(Prabhat Kumar Singh, J) Shashi U T