← Library
Patna High CourtCR. MISC./75183/2022allowed

Gorakh Singh @ Gorakhnath Singh v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75183 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Gorakh Singh @ Gorakhnath Singh S/O Late Goban Singh R/O VillageKeshraura Kala, P.S- Adhoura, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. It is a case of commission of murder of the brother of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence and only on the basis of suspicion, the present F.I.R has been lodged. It is further submitted that in para 20 of the case diary, co-

Patna High Court CR. MISC. No.75183 of 2022(3) dt.24-06-2023 2/2 accused Mahabir Singh has confessed his guilt and he did not disclose the complicity of the petitioner in the alleged crime. The petitioner is languishing in custody since 28.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Bhabua in connection with Adhoura P.S. Case No. 43 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T