Siri Mushar @ Shre Mushahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66310 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== SIRI MUSHAR @ SHRE MUSHAHAR Son of Late Manrika Musahar Resident of Village- Chhangurahi Banjariya, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar Sinha For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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 363, 365, 302, 201, 120B of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the husband of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that the petitioner is not named in the FIR and during investigation, it transpires from the para-41 of the case diary that the dead body of the deceased was identified by co-accused namely, Mahfooz

Patna High Court CR. MISC. No.66310 of 2022(3) dt.27-03-2023 2/2 Ansari and on his confessional statement the name of the petitioner has come into light. He further submitted that there is no consistent evidence, no eye-witness to show the involvement of the petitioner in the alleged crime. He has got no criminal antecedent as stated in para-3 of the bail application. It is further submitted that the petitioner is languishing in judicial custody since 22.05.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 189 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 S.D.J.M., Bagaha, West Champaran.

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