Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1775 of 2022 Arising Out of PS. Case No.-339 Year-2021 Thana- KESARIA District- East Champaran ====================================================== HARENDRA SINGH Son of Ramparas Singh Resident of Village- Aanandi Chhapra, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kesariya Police Station Case No. 339 of 2021, registered for the offences punishable under Sections 302/120-B of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the husband of the informant had a criminal bent of mind and he used to assault the informant and while the informant was staying at the house of the petitioner, the brother of the informant, i.e. the petitioner showed the dead body of the husband of the informant in the mobile and informed that her husband has been killed by the informant' son Guddu and his friends.

Learned Counsel for the petitioner submits that from perusal of the First Information Report, it would be

Patna High Court CR. MISC. No.1775 of 2022(2) dt.25-05-2022 2/2 evident that the petitioner only communicated about the occurrence to the informant through his mobile phone and there is no allegation against the petitioner that he participated in the murder of the husband of the informant along with other coaccused persons. He further submits that the petitioner is in custody since 28.09.2021.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that prima facie there is no material to connect the petitioner with the present offence and the petitioner is in custody since 28.09.2021, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Kesariya Police Station Case No. 339 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √