Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14537 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- MASHRAK District- Saran ====================================================== NAND KISHORE SINGH, aged about 69 years (Male), S/o Narad Singh @ Sarwa, Resident of Village- Mashrak, Purab Tola, P.S.- Mashrak, DistrictSaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nalin Kumar, Advocate.

For the Opposite Party :

Mr.Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 302, 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that on 21.05.2019 the husband of the informant Badari Sai (deceased) went to the house of accused Antu Singh for demanding his wages which was refused by him and he also assaulted him and threatened for dire-consequences, if he filed case against him. He has also taken thumb impression of Badari Sai on stamp paper. On 09.06.2019, one Narad @ Sarwa Singh, came to the house of the informant and taken her husband Badari Sai (deceased) to the house of accused Antu Singh where accused persons namely, Rampujan Singh, Narad @ Sarwa Singh, Sant Singh and Ramadhar Singh killed her husband and thrown the dead body

Patna High Court CR. MISC. No.14537 of 2020(2) dt.02-03-2020 2/2 on road.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 27.12.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. At best, it is a case of last seen. There is no overt act alleged against the petitioner. There is no eye witness to the alleged occurrence. There is no circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Chapra, in connection with Mashrak P.S. Case No. 219 of 2019.

U.K./- (Sudhir Singh, J) U T