Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51578 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== Shambhu Rai S/o Lakhan Rai @ Ramlakhan Rai R/o Village-Karnpura, P.S.- Ganga Bridge, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Advocate For the State :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and Mr. Lalan Kumar, learned APP for the State.

2. The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 159 of 2022 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the deceased was killed by unknown. During investigation, the petitioner and his wife Runa Devi were arrested as the mobile of the deceased was found near the house of the petitioner. It has come during investigation that the deceased was having an affair with the daughter of the petitioner and co-accused Runa Devi. Both Runa Devi and the petitioner were arrested. During investigation, it has also come that Kajal Kumari, the daughter of the petitioner has conspired along with other family members and killed the

Patna High Court CR. MISC. No.51578 of 2023(3) dt.11-10-2023 2/3 deceased. Except for the fact that the mobile of the deceased was found near the house of the petitioner, no material has come during investigation.

4. Learned counsel for the petitioner submits that the petitioner has got one criminal antecedent and he is in custody since 21.10.2022. He further submits that he has been falsely implicated in this case.

5. I have gone through the case diary myself. The investigation appears to be most perfunctory. It appears that the Investigating Officer of the case does not know how to investigate a case and this Court is surprised that without proper investigation, chargesheet is being submitted under the supervision of the Superintendent of Police of the District.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. In these circumstances, the application for bail of the petitioner is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 159 of 2022.

Patna High Court CR. MISC. No.51578 of 2023(3) dt.11-10-2023 3/3

9. The Superintendent of Police, Vaishali at Hajipur is directed to get the case investigated further and collect evidence to find out the truth behind the crime so that criminals do not go scott free as a valuable human life has been lost.

10. Let a copy of this order be communicated to the Superintendent of Police, Hajipur who will file the status of the further investigation before this Court after two months.

11. Mr. Jharkhandi Upadhyay, learned APP will communicate the order to the Superintendent of Police, Hajipur.

12. In view of the above, the application stands disposed of.

(Sandeep Kumar, J) P. Kumar U T