Patna High CourtCR. MISC./60832/2022allowed

Nilendra Giri v. The State Of Bihar

2023-03-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60832 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== NILENDRA GIRI S/O Saroj Kumar Giri R/O Village- Bathua Buzurg, Police Station- Musarigharai, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, informant alleged that on 26.09.2021 her husband was killed by three unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner is not named in the FIR. Similarly situated co-accused Raja Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 21.09.2022 passed

Patna High Court CR. MISC. No.60832 of 2022(3) dt.23-03-2023 2/2 in Cr. Misc. No 11810 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 14.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above said facts and custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Musarigharari P.S. Case No. 129 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur.

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