Kundan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1543 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.
KUNDAN SINGH Son of Mahendra Singh Resident of Ratanpur, P.S.- Sanokhar (Amdanda), District - Bhagalpur 2.
Niranjan Singh @ Ranjan Singh Son of Naresh Singh Resident of Ratanpur, P.S.- Sanokhar (Amdanda), District - Bhagalpur 3.
Kailash Singh Son of Brahmdeo Singh Resident of Ratanpur, P.S.- Sanokhar (Amdanda), District - Bhagalpur 4.
Mukesh Rajak Son of Jageshwar Rajak Resident of Ratanpur, P.S.- Sanokhar (Amdanda), District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Adv.
Mr. P.K. Sinha, Adv.
Ms. Preety Kunwar, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, App For Informant : Mr. Praveen Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2020 The petitioners seek regular bail in connection with Sanokhar (Amdanda) P.S. Case No. 129 of 2019, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Prosecution case is that co-accused Rajesh Kumar Singh called the husband of the informant on phone and after sometime, the informant heard the sound of firing, on which, she went to the house of Mukhiya Ji and saw his husband in dead condition and petitioner and other accused persons were
Patna High Court CR. MISC. No.1543 of 2020(3) dt.20-02-2020 2/3 found taking the dead body into Scorpio vehicle for disposing the same, however, in the meantime, police came and seized the dead body and one Kanhaiya Singh was caught and from whom, four empty cartridges were recovered.
It has been submitted on behalf of the petitioners is that even according to F.I.R. no specific allegation has been attributed to the petitioners and at best there is allegation of concealing the dead body of the deceased. Further submission is that petitioners have been in custody since 19.11.2019. Learned counsels for the State and informant opposed the prayer for bail on the ground that the petitioners are named in the F.I.R. and witnesses have also supported the prosecution case and they were trying to dispose of the dead body.
Having heard both sides, considering the fact that only one fire arm injury was found on the person of the deceased, whereas altogether eight persons are named in the F.I.R, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanokhar (Amdanda) P.S. Case No. 129 of
Patna High Court CR. MISC. No.1543 of 2020(3) dt.20-02-2020 3/3 2019, subject to the condition that petitioners will cooperate in disposal of trial and make themselves available as and when required by the court below, failing which, the prosecution shall move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunilkumar/- U T