Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34746 of 2016 Arising out of P.S. Case No. - 244 Year - 2015 Thana - DARAUNDA District - SIWAN ====================================================== Kanhaiya Singh, S/o Parsuram Singh, resident of village - Purvi Harsar, P.S. Daraunda, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satyendra Rai, Advocate For the Opposite Party : Smt. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.04.2016 in connection with Daraunda P.S. Case No. 244 of 2015 for the offences instituted under Sections 363, 302 and 201/34 of the Indian Penal Code.

The prosecution story, in brief, is that the grandson of informant was playing and all of a sudden the lady of his house came to the informant where the informant planting the paddy in his field and informed that Vivek is not at the door. The further case is that they made hectic search in village and tola but could not got any information about the grandson of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.04.2016 and the charge sheet

Patna High Court Cr.Misc. No.34746 of 2016 (3) dt.17-10-2016 2/2 has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Subsequently, a petition was filed by the informant raising suspicion against this petitioner. As per the confession of the co-accused, namely, Ramesh Kumar Singh, he has accepted his guilt and on his confession the weapon used in the occurrence has been recovered. As far as this petitioner is concerned, there is nothing except suspicion against this petitioner.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (The Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 244 of 2015.

Kundan (Sudhir Singh, J) U T