Bidyanand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8595 of 2022 Arising Out of PS. Case No.-106 Year-2020 Thana- TARAPUR District- Munger ====================================================== 1.
BIDYANAND SINGH S/O PERMANAND SINGH RESIDENT OF VILLAGE- PARWARA, P.S. TARAPUR, DISTT.- MUNGER 2.
DULAR CHAND SINGH S/O BIDYANAND SINGH RESIDENT OF VILLAGE- PARWARA, P.S. TARAPUR, DISTT.- MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kamal Nayan For the Opposite Party/s :
Mr.Amitesh Kumar Mr.Achintya Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the petitioners, learned A.P.P. and leaned counsel for the informant.
Petitioners pray for bail in a case registered for the offence under Sections 363, 365, 34, 302, 201 of the Indian Penal Code.
As per the prosecution case, son of the informant namely Aman Kumar and son of his gotia namely Aditya Kumar Singh were called by co-accused Ambuj Kumar and thereafter, they went missing and informant suspects that all the F.I.R. named accused including petitioners might have killed both boys.
It is submitted on behalf of petitioners that petitioners'
Patna High Court CR. MISC. No.8595 of 2022(3) dt.21-04-2022 2/3 side and informant's side are next door neighbour and there is enmity between them. Save and except suspicion, there is no other material against these petitioners to show their complicity in the aforesaid crime. As per F.I.R. itself, co-accused Ambuj Yadav had called both deceased and thereafter, both of them went missing. During course of investigation, none of the witness has stated that these petitioners were seen either with the deceased boys or were seen while committing this offence. Two similarly situated co-accused have already been granted bail by this Court, vide orders annexed at Annexure 2 series to the petition. Petitioners have got clean antecedent and they are in custody since 04.10.2021.
However, learned counsel for the informant vehemently opposed the bail petition and submitted that during course of investigation, ample evidence has come against these petitioners.
Considering the nature of accusation, clean antecedent, period of custody and the fact that similarly situated co-accused persons have been granted bail, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.8595 of 2022(3) dt.21-04-2022 3/3 satisfaction of learned A.C.J.M. - I, Munger in connection with Tarapur P.S. Case No. 106 of 2020.
(Prabhat Kumar Singh, J) anay/- U T