Patna High CourtCR. MISC./44687/2023allowed

Arun Singh v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44687 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Arun Singh Son Of Ramchander Singh R/O Village-Rajpur Jaunpur, P.S.- Patory (Mohanpur O.P.), District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against coaccused who is husband of the deceased is that he committed murder of informant's bua. It is further alleged that the petitioner was also an associate for disposing her dead body to hide the evidence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant is not

Patna High Court CR. MISC. No.44687 of 2023(4) dt.13-09-2023 2/2 an eye witness of the alleged occurrence and no specific allegation levelled against the petitioner the main allegation of commission of murder is against co-accused who is also husband of the deceased. As per Annexure-2, wherein the informant has admitted that he has unknowingly lodged this case. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohanpur O.P. P.S. Case No. 38 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U T