Shailendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74918 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== 1.

Shailendra Singh S/O Late Ramayan Singh Resident Of Village Mukrera, P.S. Rivilganj, District Chapra 2.

Dhirendra Pratap Shahi S/O Late Virendra Pratap Shahi Resident Of Village Ratanchak (Babu Saheb Ka Haata), P.S. Hathua, District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Hathua P.S. Case No. 177 of 2023 instituted for the offences punishable under Sections 306, 109, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioners is that they have tortured to the deceased in order to grab his properties due to which deceased committed suicide.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. They has falsely been implicated in this case due to land dispute. The F.I.R. has been lodged after the delay of one day without giving any

Patna High Court CR. MISC. No.74918 of 2023(4) dt.01-03-2024 2/2 explanation of delay. The deceased himself committed suicide for his personal family reason.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., seizure list and case diary, it appears that F.I.R. has been registered against the four accused persons including both the petitioners on the basis of written report of one Kumar Kashyap Shahi for the alleged occurrence of abetement of commission of suicide. The alleged occurrence took place on 16.07.2023 and F.I.R. has been lodged on 17.07.2023 and the alleged suicide note of deceased Sri Jitendra Pratap Shahi was seized on 17.07.2023 at 2.35 P.M. after one day. No witness stated against these petitioners regarding any abetement of suicide. Petitioners are in custody since 18.07.2023, accordingly the prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-X, Gopalganj in connection with Hathua P.S. Case No. 177 of 2023. (Ramesh Chand Malviya, J) lata/- U T