Arbind Singh @ Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9310 of 2019 Arising Out of PS. Case No.-154 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Arbind Singh @ Arbind Kumar Singh, aged about 35 years(Male), Son of Late Feku Singh @ Ram Narayan Singh, R/o village- Bahuarwa, P.SSalkhua, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.10.2018 in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case as per the written report of Badri Yadav submitted to SHO, Salkhua Police Station is to the effect that the informant's father was is catering business, who used to take contract of making foods. The informant's father took one of such contracts on 22.07.2018 from one Julus Singh of village Bahurwa. On 19.07.2018 at about 2.00 P.M. informant's father left his house for Bahurwa but till late night, he did not return. Thereafter, search was made and after three days of the said

Patna High Court Cr.Misc. No.9310 of 2019(2) dt.18-02-2019 2/3 occurrence, i.e., on 22.07.2018, the dead body of the informant's father was recovered from the agricultural field. It is further alleged that the informant's father had lent Rs.50,000/- to coaccused, Pintu Yadav and when he asked for returning the money, there was hot exchange of words between the informant's father and co-accused, Pintu Yadav. Thereafter, he along with his brother threatened to kill the informant's father, leading to the registration of FIR against the co-accused Pintu Yadav and Pulkit Yadav. The name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that admittedly there is no eye witness to the occurrence and the name of the petitioner sprang up during investigation. It is further submitted that the petitioner is not named in the FIR. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the name of the petitioner sprang up during investigation. Considering the suspicious nature of accusation and investigation being concluded, 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

Patna High Court Cr.Misc. No.9310 of 2019(2) dt.18-02-2019 3/3 satisfaction of learned ACJM-IVth, Saharsa in connection with Salkhua P.S. Case No.154 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T