Ghanshyam Bharti @ Ghanshyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74920 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Ghanshyam Bharti @ Ghanshyam Yadav Son of Rampukar Yadav Resident of Village - Laxminiya, P.S. - Hathauri, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-01-2025 Heard the parties.

2. The petitioner seeks bail in connection with Hathauri P.S. Case No. 77 of 2023 registered for the offence under Sections 302/34 of the I.P.C.

3. The petitioner is not named in the F.I.R. and is in custody since 12.06.2024.

4. The allegation against the petitioner is to commit murder of husband of the informant along with other co-accused persons where occurrence is alleged to be arising out of previous enmities surfaced out of land dispute.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.74920 of 2024(2) dt.17-01-2025 2/3 petitioner submitted that the implication of petitioner is false as save and expect suspicion arising out of confession of co-accused namely, Vikash Kumar nothing incriminating appears against him. It is pointed out that no incriminating material surfaced during investigation in furtherance of aforesaid confessional statement as to connect petitioner prima-facie with present occurrence of murder. While concluding the argument, it is submitted that petitioner was found involved in one more criminal, case where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factal submission and by taking note of the fact as prima-facie save and except suspicion arising out of confessional statement of coaccused namely, Vikash Kumar nothing incriminating appears against this petitioner as to connect him prima-

Patna High Court CR. MISC. No.74920 of 2024(2) dt.17-01-2025 3/3 facie with present occurrence of murder, where petitioner is in custody since 12.06.2024, accordingly petitioner above named, is directed to be released on bail in connection with Hathauri P.S. Case No. 77 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge I, Rosera, Samastipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T