Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55370 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Bablu Singh Son Of Bansi Prasad Singh R/O Village- Fatehpur Wala, P.S.- Musrigharari, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy For the Informant/s : Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned A.P.P appearing on behalf of the State and learned informant.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302/34, of the Indian Penal Code.

The prosecution case as per F.I.R. is that on 11.02.2022 at 8:00 P.M. informant's husband namely Sanjay Kumar was called by co-accused Raj Kumar on telephonic message from mobile of co-accused Ankur Kumar and her husband went to meet with them but late

Patna High Court CR. MISC. No.55370 of 2022(3) dt.27-03-2023 2/3 night informant's husband did not return. In the next morning, the dead body of the husband of the informant was found thrown into water field in Bala Tala Chour. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case because there was a previous enmity between the families of informant and petitioner. It is also submitted that informant is not the eye witness to the occurrence. There is no direct and consistent material evidence against the petitioner and only on the basis of circumstantial evidence, the petitioner has been implicated in this case. The petitioner is languishing in custody since 13.07.2022.

Learned counsel appearing on behalf of the informant and learned A.P.P. appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is named in the F.I.R. During the course of investigation, the independent witnesses have supported the case of the

Patna High Court CR. MISC. No.55370 of 2022(3) dt.27-03-2023 3/3 prosecution.

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/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Musarigharari P.S. Case No. 26 of 2022.

(Sunil Kumar Panwar, J) Ayush Tripathi/- U T