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Patna High CourtCR. MISC./50243/2017allowed

Sunil Kumar @ Bhuru Singh v. The State Of Bihar

2017-10-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50243 of 2017 ====================================================== Sunil Kumar @ Bhuru Singh, Son of late Mateshwar Sharma @ Mateshwar Singh, Resident of Village Taret, P.S.-Naubatpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Shankar Prasad Singh, Advocate. Mr. Pushpendra Priyadarshi, Advocate.

For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Naubatpur P.S. Case No. 133 of 2017 registered under Sections 302 and 120B/34 of the Indian Penal Code.

Naubind Singh along with other four accused persons are said to have taken away the father of the informant from his house and committed his murder. It is claimed by the informant that Naubind Singh, petitioner and four others have committed murder of his father for money.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific rather omnibus. The petitioner has been falsely implicated in the

Patna High Court Cr.Misc. No.50243 of 2017 (2) dt.17-10-2017 2/2 case as he happens to be the brother of the accused Naubind Singh. The said Naubind Singh in his confessional statement has confessed committing of murder of the deceased for money by him alone. Pistol used in the murder was recovered from the premises of said Naubind Singh on his confessional statement. Nothing incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been languishing in custody since 20.05.2017. Considering the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Naubatpur P.S. Case No. 133 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T