Binod Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.43318 of 2015 (3) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43318 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -BIKRAM District- PATNA ====================================================== Binod Singh s/o Shri Ram Pukar Singh r/o Bikram, P.S. Bikram, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Patanjali Rishi For the Opposite Party : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 04.05.2015 in a case instituted under Sections 302 and 120(B)/34 of the Indian Penal Code.

As per prosecution case, it is a case of murder of informant's son, namely, Ramesh Kumar by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. There is general and omnibus allegation has been made against the petitioner. No specific injury has been attributed

Patna High Court Cr.Misc. No.43318 of 2015 (3) dt.10-11-2015 against him. From perusal of paras-37, 38, 39 and 40 of the case diary, it is evident that the petitioner was not present at the time of occurrence. Petitioner is the uncle-in-law of the deceased and he has got no concern with the affairs of his brother's family. On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is named in the FIR and he has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Raj Kishore Kumar, Judicial Magistrate, Ist Class, Danapur, Patna in connection with Bikram P.S.Case No.78 of 2015.

(Sudhir Singh, J) B.Kr./- U T