Patna High CourtCR. MISC./60671/2021bail granted

Abhay Biswash @ Abhay Kumar v. The State Of Bihar

2022-03-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60671 of 2021 Arising Out of PS. Case No.-1035 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== ABHAY BISWASH @ ABHAY KUMAR Son of Arun Biswash @ Arun Kumar Viswash R/o village - Majhuwa, Ward No.- 6, P.S.- Farbesganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code section 27 of the Arms Act. As per the prosecution case, FIR is against unknown for committing murder of younger brother of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused Shyam Bahardar who stated that this petitioner was with him while committing the offence. Even, analysis of Call Details Record only reveals that this petitioner was in constant conversation

Patna High Court CR. MISC. No.60671 of 2021(3) dt.29-03-2022 2/2 with co-accused Niraj Ram at the time of occurrence. No other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. He is in custody since 21.6.2021. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Farbesganj Police Station Case No. 1035 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T