Markandey Singh @ Markandey Kumar Singh @ Markanday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23153 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Markandey Singh @ Markandey Kumar Singh @ Markanday Kumar Son Of Umesh Kumar Singh @ Munna Singh R/V- Jalalpur Ps-G.B. Nagar, DistSiwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant application for grant of regular bail in connection with G.B. Nagar P.S. Case no. 200 of 2021 registered under sections 302, 341, 323, 364 and 201/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that the petitioner and one another took away his son on the pretext of making enquiry with respect to an occurrence of beating which had taken place a day earlier. Thereafter his son did not return and it transpired that some of the accused persons had overtaken him in an Alto car and had murdered him.
4. Learned counsel for the petitioner submits that from the FIR itself it transpires that the petitioner has been
Patna High Court CR. MISC. No.23153 of 2023(6) dt.01-11-2023 2/3 falsely implicated in the case. There is no eye witness to the occurrence. The petitioner has no criminal antecedent and is in custody since 25.11.2022. Charge-sheet has been submitted in the case.
5. Learned counsel for the petitioner further submits that a supplementary affidavit has been filed praying therein for correction in the description of the petitioner which has been wrongly given as his being resident of village Jalalpur, Police Station G.B. Nagar and District Siwan instead of the correct village Amlori, Police Station Siwan Muffassil and District Siwan.
6. Let the address of the petitioner be read as being resident of village Amlori, Police Station Siwan Muffassil and District Siwan.
7. The application for bail is opposed by learned A.P.P. for the State.
8. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation, the petitioner having remained in custody for more than 11 months since 25.11.2022 and investigation in the case having concluded, the Court directs the petitioner to be
Patna High Court CR. MISC. No.23153 of 2023(6) dt.01-11-2023 3/3 enlarged on bail in connection with G.B. Nagar P.S. Case no. 200 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan. (Partha Sarthy, J) ajay/- U T