Kundan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14805 of 2023 Arising Out of PS. Case No.-216 Year-2022 Thana- KARPI District- Jehanabad ====================================================== 1.
Kundan Singh S/O Shatrudhan Singh @ Satrudhan Singh R/O VillageKushre, P.S.- Karpi , District -Arwal 2.
Amresh Kumar S/O Shatrudhan Singh @ Satrudhan Singh R/O VillageKushre, P.S.- Karpi , District -Arwal 3.
Lalan Singh S/O Late Ram Dayal Singh R/O Village- Kushre, P.S.- Karpi , District -Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek regular bail in connection with Karpi P.S. Case No. 216 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code.
As per prosecution case, the informant alleged that the co-accused Shiv Bachan Mahto along with others assaulted his father namely, Dharmendra Sharma as a result of which he sustained injuries and died during course of treatment. Accordingly, the present case has been registered. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.14805 of 2023(3) dt.13-07-2023 2/3 petitioners are innocent and have committed no offence. The petitioners are not named in the FIR rather they have falsely been implicated in this case on the basis of their confessional statement, which is inadmissible in the eye of law. It is further submitted that Poonam Devi (W/o co-accused Shiv Bacchan Mahto) stated in her statement that there was an illicit relationship with the deceased and it might be possible that the deceased has been killed by co-accused. She did not whisper the name of the petitioners as culprit of the alleged occurrence. The informant is not eye witness of the alleged occurrence nor any consistent material has come against the petitioners during course of investigation. The petitioners have got no criminal antecedent as stated in para-3 of the petitioner. Moreover, the petitioners are languishing in judicial custody since 11.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the them on bail. The above named petitioners are directed to be released on bail in connection with Karpi P.S. Case No. 216 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each
Patna High Court CR. MISC. No.14805 of 2023(3) dt.13-07-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Arwal. (Sunil Kumar Panwar, J) Amandeep/- U T