Sonu Singh @ Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9017 of 2019 Arising Out of PS. Case No.-187 Year-2014 Thana- CHAPRA MUFFASIL District- Saran ====================================================== SONU SINGH @ SONU KUMAR SINGH S/o Sanjay Kumar Singh Resident of Village - Naini, P.S. Chapra Mufassil, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 13.9.2018 in a case registered for the offence punishable under Sections 302/34 of the I.P.C.
The prosecution case as per the Fardbeyan of Kapuran Mahto recorded by SI Atul Raj of Chapra Mufassil Police Station on 2.9.2014 at 9.00 A.M., is to the effect that the son of the informant, namely, Triloki Mandal came to his native place from Sikandarabad about fifteen days prior to the occurrence and he used to fish. On 1.9.2014, the son of the informant without conveying him, left the house, whereupon, search was made but he could not be locted. On 20.9.2014 at 6.00 A.M. some ladies saw a dead body which was found to be the dead body of the son of the informant, whose head was slit, leading to
Patna High Court Cr.Misc. No.9017 of 2019(2) dt.15-02-2019 2/3 registration of FIR against unknown. In the subsequent statement, the informant gave a different version by stating that his son Triloki Mandal had gone to see Ranjeet Mahto alias Chaudhra in the preceding night but he did not return. The mother of the deceased also stated the same incident in her Statement recorded under Section 161 of the Cr.P.C. Upendra Kumar Mahto and Pravesh Kumar Mahto have disclosed in Paragraph nos. 9 and 10 of the case diary that Ranjeet Mahto, Birju Ram and the petitioner came at the place of recovery of the dead body but when the police was informed, they escaped from the scene.
It is submitted by learned counsel for the petitioner that there is no eye witness to the occurrence and nothing has been recovered from the possession of the petitioner. It is further submitted that similarly situated co-accused Ranjeet Mahto has been granted bail vide order dated 24.8.2015 passed in Cr. Misc. No.20255 of 2015. Though the petitioner is accused in four other cases, but the investigation has already been concluded. Learned APP submits that name of the petitioner sprang up during investigation.
Considering the fact that the investigation has already been concluded and the period under custody, let the petitioner
Patna High Court Cr.Misc. No.9017 of 2019(2) dt.15-02-2019 3/3 above named 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 the learned CJM, Saran at Chapra in connection with Chapra Muffasil P.S. Case No.187 of 2014. (Dinesh Kumar Singh, J) anil/- U