Nand Gopal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8941 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- DINARA District- Rohtas ====================================================== NAND GOPAL SINGH son of Late Sheo Lagan Singh Resident of Village and PO- Akhora, P.S. Dinara (Bhanas O.P), District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagdish Prasad, Adv, For the Opposite Party/s :
Mr.Rana Randhir Singh, APP For the Informant :
Mr. Babu Nandan Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Dinara (Bhanas) P.S. Case No. 229 of 2018 registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.
Informant has alleged in his fardbeyan that his father after taking meal, went to sleep in the Dalan. In the next morning, his daughter Chandni Kumari went to clean Dalan and did not find her grandfather. She told her father about it. Thereafter, the informant went and did not find his father, but his shirt was there. He started making search, but he could not find him anywhere. Informant has further alleged that on
Patna High Court Cr.Misc. No.8941 of 2019(2) dt.18-02-2019 2/3 1.7.2018, he heard that a dead body is lying in a dried well in the western Badhar in the field of Dhodha. He went there and found the dead body of his father Ram Nagina Singh. During search, he learnt that at 9:00 p.m. his father had gone towards Dalan. The villagers had seen in the night at about 11:00 p.m. petitioner coming from Badhar to the village. Informant has further alleged that his father has got land dispute with the petitioner for which occurrence took place.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that besides suspicion, there is no any other incriminating material against petitioner. Petitioner is in custody since 10.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bikramganj, in connection with Dinara (Bhanas) P.S. Case No. 229 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and
Patna High Court Cr.Misc. No.8941 of 2019(2) dt.18-02-2019 3/3 shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T