Sohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1587 of 2019 Arising Out of PS. Case No.-21 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Sohan Singh S/o Jaikant Singh R/o Village-Khapur, Ward No. 11, P.S. Alamnagar (Ratwara O.P.), District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 21 of 2018 registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

As per the written report, one Santosh Kumar Singh is said to have called the son of the informant, namely, Pawan Kumar Singh by telephone and committed his murder along with other accused persons named in the F.I.R. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village

Patna High Court CR. MISC. No.1587 of 2019(5) dt.22-05-2019 2/3 politics. As per the written report of the informant, it is only Santosh Kumar Singh had called the deceased by telephone and when he did not regress, the informant arrived at the house of Santosh Kumar Singh, where he noticed aforesaid Santosh Kumar Singh, Mithun Kumar Singh and Puja Kumari interacting with his son at his door, and thereafter, his son was found missing. The informant had not taken the name of the petitioner either as a person calling his son on telephone or present with the deceased on his visit to the house of Santosh Kumar Singh. But, subsequently, in vital contradiction to the aforesaid prosecution case, the informant and his family members have taken the name of the petitioner as well as the person calling the deceased on telephone.

In the statement recorded under Section 164 Cr. P.C., the informant has stated that preceding to the occurrence, on the occasion of Saraswati Puja there was altercation with Jaykant Singh father of Mukhiya Mukesh Singh. Said Jaikant Singh, Rabin @ Rabindra Kumar @ Rabinder Kumar, Vijay Kumar @ Bijo Singh, Santosh Kumar Singh and several other accused persons have been enlarged on bail by different co-ordinate Benches of this Court vide orders dated 04.10.2018, 6.10.2018 and 19.12.2018 passed in Cr. Misc. Nos.

Patna High Court CR. MISC. No.1587 of 2019(5) dt.22-05-2019 3/3 respectively. Petitioner has been languishing in custody since 09.10.2018.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-V, Madhepura in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 21 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T