Santosh Singh @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36305 of 2016 Arising Out of PS.Case No. -339 Year- 2015 Thana -DUMRAUN District- BUXAR ====================================================== Santosh Singh @ Santosh Kumar S/o Sri Dasrath Singh R/o VillageSemraon Inglishpur, P.S.- Charpokhari, District- Bhojpur (Ara). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, the name of petitioner came in confessional statement of co-accused, Ganga Dayal Singh, which is evident from perusal of para-31 of the case diary. However, prior to recording the confessional statement of

Patna High Court Cr.Misc. No.36305 of 2016 (3) dt.23-12-2016 2/3 co-accused, Ganga Dayal Singh, one witness, namely, Ajay Kumar identified the dead bodies and disclosed that there was land dispute between family members of the petitioner as well as his family members and prior to murder of deceased persons of the present case, two persons were killed and in connection with aforesaid case, his father was in jail whereas deceased, Raman @ Rana Singh was absconder. The aforesaid witness also disclosed that co-accused Ganga Dayal Singh and some others on pretext of compromise took the deceased persons and subsequently, their dead bodies were recovered.

The aforesaid witness claimed himself to have seen the incident of taking away the deceased persons by the aforesaid co-accused, Ganga Dayal Singh and others but the said witness has not named the petitioner and it appears that except the confessional statement of co-accused as well as previous enmity, there appears to be nothing against the petitioner. Moreover, having more or less similar allegation, some co-accused including Ganga Dayal Singh have already been granted privilege of bail by a coordinate Bench of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.36305 of 2016 (3) dt.23-12-2016 3/3 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 339 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T