Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.937 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- SONO District- Jamui ====================================================== BITTU SINGH S/o Parmeshwari Singh @ Parmeshwar Singh R/o Ghutve, P.S.- Sono(Charkapathar), Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Bharat Bhushan, App,156 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to kill the father of the informant in connivance with others. The petitioner is alleged to have seen coming from place of occurrence with blood shaded spade.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. For the alleged occurrence of 21.7.2022, the present FIR was lodged on 23.7.2022 after conducting the inquest report as well as postmortem which

Patna High Court CR. MISC. No.937 of 2023(5) dt.23-08-2023 2/2 creates doubt on the prosecution version. From perusal of FIR, no one is eye witness of the alleged occurrence but during course of investigation, the mother of the informant vide para 33 of the case diary, developed a new story and claimed herself to eye witness of the incident. No any consistent material has come against the petitioner. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 24.7.2022.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in FIR.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sono P.S. Case No. 237 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Jamui.

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