Bhuneshwar Singh @ Bhuneswar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53334 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== Bhuneshwar Singh @ Bhuneswar Singh S/O Hari Singh R/O VillageBelbona, P.S.- Chandramandi, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nilesh Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B), 379/34 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they assaulted the brother of the informant by bricks due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.53334 of 2022(3) dt.15-02-2023 2/3 falsely been implicated in the present case. It is further submitted that, from the perusal of the case diary, it appears that the incidence took place on 28.03.2022 at 11:30 P.M. and the postmortem of the victim was conducted on 29.03.2022 at 2:00 P.M. but the F.I.R has been registered on 30.03.2022 at 11:30 A.M. which suggests that a false and concocted story has been planted against the accused persons including the petitioner. There is an inordinate delay of one day in lodging the F.I.R. It is further submitted that there is no cogent material evidence against the petitioner in the alleged offence. Moreover, the petitioner is languishing in judicial custody since 31.03.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.53334 of 2022(3) dt.15-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Chandramandi P.S. Case No. 56 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Jamui. (Sunil Kumar Panwar, J) nirajkrs/- U T