Harsh @ Parbat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58364 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna ====================================================== HARSH @ PARBAT S/O ARJUN SHARMA R/O VILLAGE - DIGHA, BEHIND FLOWER MILL, P.S. - DIGHA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prince Kumar Mishra with Mr. Vikas Kumar Jha, Advocates For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 34 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown miscreants killed the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Raju Kumar and the self confessional

Patna High Court CR. MISC. No.58364 of 2023(4) dt.05-12-2023 2/2 statement of the petitioner before the police, which has got no evidentiary value in the eyes of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. There is no consistent evidence has come against the petitioner to show his complicity in the alleged occurrence. There is no specific overt act against the petitioner. He is languishing in judicial custody since 30.01.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Sessions Judge-V, Danapur/Court concerned, Patna in connection with Danapur P.S. Case No. 208 of 2022.

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