Patna High CourtCR. MISC./53241/2023allowed

Shyam Babu Sah v. The State Of Bihar

2023-10-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53241 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Shyam Babu Sah S/O Sri Bhagwan Sah R/O Village- Hashanpur Osli, P.SMahua, Distt.- Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 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 section 302, 201, 120B, 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that his son-inlaw in connivance with co-accused persons committed murder of his daughter.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The

Patna High Court CR. MISC. No.53241 of 2023(3) dt.30-10-2023 2/2 informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. Similarly situated co-accused, namely, Phula Kumari who has also confessed name of the petitioner has already been granted bail by a coordinate Bench of this Court vide order dated 01.08.2023 passed in Cr. Misc No. 47006 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 06.04.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 110 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 CJM, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manishkr/- U T