Prince Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56964 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- SISWAN District- Siwan ====================================================== Prince Bharti Son Of Late Nagendra Bharti Resident Of Village - Bhadaur, P.S. - Shishvan, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and only on the basis of confessional

Patna High Court CR. MISC. No.56964 of 2023(2) dt.08-09-2023 2/3 statement of co-accused Vikash Kumar Singh, the petitioner has been roped in the present case which has no evidentiary value in the eye of law. The petitioner has still not been put on T.I.P. During investigation, no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The petitioner has been remanded in this case on 03.05.2023 and since then he is in custody. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 52311 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.56964 of 2023(2) dt.08-09-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan in connection with Siswan (Chainpur OP) P.S. Case No. 285 of 2022.

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