Randhir Kumar @ Randhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14061 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- PUNPUN District- Patna ====================================================== Randhir Kumar @ Randhir Singh S/o Madan Singh Resident of VillageSikandarpur, P.S.- Punpun, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act to which sections 25(1-B)(a), 26 and 35 of the Arms Act were added subsequently.

As per prosecution case, the 22 year old son of the informant did not return home. It subsequently transpired that he had been shot dead by unknown criminals.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. In course of investigation a suspicion was raised by the informant in his further statement against the petitioner on account of the

Patna High Court CR. MISC. No.14061 of 2021(3) dt.26-08-2021 2/2 deceased having an affair with the petitioner's wife. There is no eye witness to the occurrence. In course of investigation two accused namely, Gopal Kumar and Sunil Kumar were arrested and they confessed to their guilt having committed the murder of the son of this informant. The petitioner is in custody since 6.2.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sessions Trial no.253 of 2020 (arising out of Punpun P.S. Case no.40 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions, Masaurhi, Patna.

(Partha Sarthy, J) Bibhash U