Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78540 of 2023 Arising Out of PS. Case No.-339 Year-2023 Thana- RAJAON District- Banka ====================================================== Shubham Kumar Son Of Babban Verma @ Amar Ranjan Verma R/O Vill - Bhusia, P.S. - Rajaoun, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the son of the informant. It is alleged against the petitioner that he connived with the main accused Mehtab Alam along with other accused persons in the murder of the son of the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.78540 of 2023(2) dt.08-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant is not the eye witness to the occurrence. The specific allegation of shot at the deceased is against co-accused Mehtab Alam, not against the petitioner. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. The petitioner is languishing in custody since 13.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that it is a case of commission of murder of the son of the informant. 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 Chief Judicial

Patna High Court CR. MISC. No.78540 of 2023(2) dt.08-12-2023 3/3 Magistrate, Banka in connection with Rajoun P.S. Case No. 339 of 2023.

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