Md. Tanvir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58990 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- HABIBPUR District- Bhagalpur ====================================================== Ram Bilash Yadav @ Binna S/O- Uchit Yadav Resident Of Village- Shahjangi Navtoliya, Ps Habibpur District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Kumar For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 sections 302, 506, 34, 120(B) of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to commit murder of the informant's mother in connivance with other co-accused persons by means of firearm.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is made an accused in this case on the basis of mere suspicion. There is no eye witness of the alleged occurrence.
Patna High Court CR. MISC. No.58990 of 2023(2) dt.14-09-2023 2/2 During course of investigation, no any consistent material has come on record which suggests the complicity of the petitioner. Other co-accused Ravi Yadav upon whom similar allegation was made, has already been granted bail by a co-ordinate Be3nch of this court vide order dt. 7.7.2023 passed in Cr. Misc. No. 36442 of 2023. The petitioner has got no criminal antecedent and languishing in judicial custody since 21.11.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Habibpur P.S. Case No. 181 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Bhagalpur.
(Sunil Kumar Panwar, J) Amandeep/- U T