Shyam Babu Rai @ Shayam Babu Ray @ Bantha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79456 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Shyam Babu Rai @ Shayam Babu Ray @ Bantha Son Of Late Jhunna Rai @ Late Bhuna Rai Resident Of Village- Chamtha, Police Station Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Arjun Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned A.P.P for the State.

2. The defect no. 6(3) as pointed out by the office be ignored, in course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S Case No. 312 of 2022 dated 02.12.2022 registered for the offence punishable u/s 302 and 324 read with 34 of the Indian Penal Code.

4. As per the prosecution case, some unknown miscreants are alleged to have murdered the son of the

Patna High Court CR. MISC. No.79456 of 2023(9) dt.28-06-2024 2/3 informant by slitting his neck. The dead body of the informant's son was found lying in his newly constructed house.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the couse of investigation. The other co-accused person has already been granted bail by this court vide order dated 24.08.2023 passed in Cr. Misc. No. 52949/2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.12.2022.

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

7.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in

Patna High Court CR. MISC. No.79456 of 2023(9) dt.28-06-2024 3/3 connection with Bachhwara P.S Case No. 312 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T