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Patna High CourtCR. MISC./44536/2023allowed

Shilo Singh Alias Shailendra Singh Alias Shailendra Prasad Singh Alias Sailendra Prasad Singh v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44536 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Shilo Singh Alias Shailendra Singh Alias Shailendra Prasad Singh Alias Sailendra Prasad Singh Son Of Late Joraber Singh R/O Village- Kadwaz Banch Gachhiya O.P. Kadwa, P.S.- Dholbajja, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the co-accused persons along with this petitioner is that they committed murder of the informant's son by gun shot.

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 due to previous enmity. It is further submitted that after completion of investigation, final form has been submitted against the petitioner and he has not

Patna High Court CR. MISC. No.44536 of 2023(3) dt.28-08-2023 2/2 been sent up for trial. It is also submitted that neither any consistent material has come against him nor any eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.01.2023.

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 Puraini P.S. Case No. 13 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 Additional Sessions Judge-I, Madhepura. (Sunil Kumar Panwar, J) shubham/- U T