Patna High CourtCR. MISC./8328/2018bail granted

Anup Singh @ Anup Kumar @ Aunp Singh v. The State Of Bihar

2018-02-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8328 of 2018 Arising Out of PS.Case No. -11 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Anup Singh @ Anup Kumar @ Aunp Singh, S/o Suresh Singh, R/o villageEkawari, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 302/120B/201 of the Indian Penal Code.

Only material against he petitioner in the FIR is that the petitioner and others have taken away the deceased and thereafter dead body was found from a well. The case diary would reveal that there is no eye witness of the occurrence. Learned counsel for the informant opposed the prayer for bail on the ground that on very same material, some other coaccused Amit Kumar@Amit Kumar Roy and Mukesh Kumar@ Mukesh Singh@Mukesh Sharma have been refused bail by a Coordinate Bench of this Court on 28.08.2017 in Cr. Misc. No.

Patna High Court Cr.Misc. No.8328 of 2018 (2) dt.12-02-2018 2/2 31096 of 2017 and Cr. Misc. No. 35077 of 2017 on 14.09.2017 respectively.

Perused the aforesaid orders. It does not reveal that anything more was there against the accused persons. Considering the fact that only material against the petitioner is circumstance of last seen and the petitioner is in custody since 16.02.2017, in my view, the petitioner deserves bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahar Police Station Case No. 11 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) khushbu/- U T