← Library
Patna High CourtCR. MISC./56316/2023allowed

Niranjan Hari @ Ramjane Hari v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56316 of 2023 Arising Out of PS. Case No.-681 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Niranjan Hari @ Ramjane Hari S/O - Ramesh Hari R/O Village - Sahebganj, P.S. - Sahebganj, Dist - Sahebganj Present Address - Swipar Colony, Bari Khanjarpur, P.S. - Barari, Dist - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Shandilya For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. It is a case of commission of murder to the informant's mother, by the petitioner and co-accused Ramesh Hari and her dead body was found lying in hospital. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. Informant is not the eye witness of the alleged occurrence. Only on the basis of confessional statement of coaccused Prince Kumar, the name of the petitioner has been dragged in the present case. During investigation, no consistent

Patna High Court CR. MISC. No.56316 of 2023(3) dt.06-11-2023 2/2 material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 24.09.2018 passed in Cr. Misc. No. 40968 of 2018. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 17.5.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VIII, Bhagalpur or the concerned court in connection with Kotwali Barari PS Case No. 681 of 2017.

(Sunil Kumar Panwar, J) sushma/- U