Shyam Sah @ Shyam Kumar @ Shyam Rathore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73134 of 2022 Arising Out of PS. Case No.-214 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SHYAM SAH @ SHYAM KUMAR @ SHYAM RATHORE S/o Baijnath Sah R/o Mohalla- Jitugachi, P.S.- Town, Distt- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34, 120(B) of the Indian Penal Code and sections 27 of the Arms Act. As per allegation in the FIR, all the named accused persons with a conspiracy came at the house of the informant and took away her son. During search, informant came to know that dead body of his son was lying near Bakarganj Kachahari Pokhar.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Only suspicion has been raised against the petitioner as he was found disappeared from the date of occurrence. Police has arrested the
Patna High Court CR. MISC. No.73134 of 2022(3) dt.10-04-2023 2/2 petitioner and forcible took his signature on plane paper to which later on the same was manufactured as self confessional statement. No one is the eye witness of the alleged occurrence. No CDR of mobile of the petitioner was found near the place of occurrence. Petitioner is languishing in judicial custody since 10.6.2022.
The application for bail is opposed by learned APP for the State.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Darbhanga in connection with Laheriasarai P.S. Case No. 214 of 2022.
(Sunil Kumar Panwar, J) sushma/- U