Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42562 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- ISUAPUR District- Saran ====================================================== Vijay Singh S/O Shyam Bihari Singh R/O Village- Manpur Pursawali, Ps. Isuapur, Dist. Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120(B)/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that the petitioner along with co-accused persons took away her husband for settling their dispute but after sometime, informant's husband did not return. Thereafter, the informant came to know that her husband was killed and his dead body was thrown near NH531. It is further alleged that the petitioner is indulged in hatching a conspiracy to kill the informant's husband in connivance with others.

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 earlier dispute between

Patna High Court CR. MISC. No.42562 of 2023(2) dt.21-07-2023 2/2 the petitioner and the deceased. There is no eye witness of the alleged occurrence. Except self confessional statement, there is no any specific material has come against the petitioner to connect him with the alleged occurrence. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 5.7.2023 passed in Cr. Misc. No. 35782 of 2023. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 21.08.2022.

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

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 Isuapur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ V, Saran at Chapra.

(Sunil Kumar Panwar, J) sushma/- U