Amrendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4993 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- BAJPATTI District- Sitamarhi ====================================================== Amrendra Kumar Singh, S/o- Upendra Singh, resident of Village- Vivah Panchami Tola, Ratwara, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakritita Sharma For the Opposite Party/s :

Mr. SRI RAJESH KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bajpatti P.S. Case No. 239 of 2017 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

Informant is the Chaukidar, who, in his fardbeyan dated 20.08.2017, has stated that when he was returning to his home and reached near Barharwa chowk, some villagers were talking and he was informed that a dead body was floating on the water and thereafter he went there and found beheaded body of a person and thereafter he informed Officer-in-Charge

Patna High Court Cr.Misc. No.4993 of 2018(3) dt.27-02-2018 2/3 of police station and subsequently present FIR was registered against unidentified persons. Subsequently, the body was identified by parents of the deceased to be the dead body of Kishan Kumar on the basis of clothes and they have stated that he had left the home on 09.08.2017 and thereafter was traceless. The name of the petitioner has surfaced in this case on the basis of some conversation between deceased and petitioner on 09.08.2017. The parents had also not lodged information regarding missing of his son and decomposed body was recovered on 20.08.2017. The deceased had conversation with many others also alongwith petitioner and except his own confession there is nothing against the petitioner to implicate him in this case.

Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 10.09.2017. 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

Patna High Court Cr.Misc. No.4993 of 2018(3) dt.27-02-2018 3/3 learned S.D.J.M., Pupri at Sitamarhi, in connection with Bajpatti P.S. Case No. 239 of 2017.

(S. Kumar, J) veena/- U T