Vijay Singh @ Chhotu Singh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32683 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Vijay Singh @ Chhotu Singh @ Chhotu Son of Tej Narayan Singh Resident of Mohalla Bishnu Nagar, Anaith, P.S. Ara Nawada, District Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 364, 302, 201/34 of the Indian Penal Code and Section 3(x) SC/ST (Prevention of Atrocities) Act.

The allegation against the accused persons is of committing murder of two nephews of the informant, after abducting them through Bolero vehicle.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Three persons are named

Patna High Court Cr.Misc. No.32683 of 2016 (3) dt.20-09-2016 2/2 in the First Information Report. The petitioner is not named in the First Information Report. The named accused along with 2/3 not named accused abducted the deceased and later on the dead bodies of the deceased are said to have been found. The name of the petitioner do not figure in the confessional statement of coaccused Sanny Kumar Singh. The only material that has come after the occurrence another vehicle is said to have passed in which the petitioner was also sitting. The petitioner has been made accused due to mistake of fact.

On behalf of the state it has been submitted that the petitioner is suspected to be accused in the present case, as para17, 18 and 19 of the case diary. Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 219 of 2015.

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