Bipin Kumar Murmu @ Vijay Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48119 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Bipin Kumar Murmu @ Vijay Murmu S/O Late Shyam Murmu R/O VillageBela, Ps. Laxmipur, Dist. Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Suresh Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 414, 429/34 of the Indian Penal Code and Sections 9 & 51 of the Wild Life Protection Act, 1972.

3. As per FIR, prosecution case relates to recovery of Leopard skin which was kept in plastic bag and the petitioner is alleged to have fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case was instituted against unknown persons. The name of the petitioner came into light on the basis of information given by spy. The petitioner has no concern with the

Patna High Court CR. MISC. No.48119 of 2023(2) dt.04-08-2023 2/2 alleged recovery of Leopard skin and he never indulged in such type of offence. Neither the petitioner arrested on spot nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent as stated in para3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 28.5.2023.

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 Laxmipur P.S. Case No. 174 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 Judicial Magistrate, 1st Class, Jamui. (Sunil Kumar Panwar, J) Amandeep/- U T