Himanshu Puri @ Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68555 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Himanshu Puri @ Himanshu Kumar Son Of Dharmendra Puri R/O Village - Agarj Shivtola, P.S.- Bettiah Muffasil, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma For the Opposite Party/s :
Mr.Suresh Prasad Singh For the Informant :
Mr. Avinash Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 365 of the Indian Penal Code. Later on, charge sheet has been submitted under Sections 363, 365, 302, 201 and 34 of the IPC.
3. As per prosecution story, informant alleged that his son was sleeping after taking meal. When the informant woke up, did not find him on the bed. They tried to search but even the phone was switched off. Later on, his dead body was recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68555 of 2023(4) dt.07-02-2024 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Babita Devi who has already been granted bail by another co-ordinate Bench of this Court vide order dated 23.08.2023 in Cr. Misc. No. 53536 of 2023. Nothing consistent material has found against the petitioner in respect of commission of murder of the informant's son. No eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.06.2023.
5. Learned APP appearing for the state and learned counsel for the informant have 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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil (Banuchhapar) P.S. Case No. 155 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.68555 of 2023(4) dt.07-02-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran.
(Sunil Kumar Panwar, J) Shubham/- U T