Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21043 of 2020 Arising Out of PS. Case No.-414 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== MANISH SINGH Son of Sitaram Singh Resident of Village - Paharpur, P.S.- Akbarpur, Distt.- Nawada.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-06-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Counsel for the petitioner and the learned Counsel for the State.
Petitioner seeks bail in Akbarpur PS Case No. 414 of 2019 registered under Sections 302, 201, 34 and 120(B) of the IPC. Husband of the informant had proceeded to purchase some animals and was carrying fifty thousand rupees. He had gone along with one Bittu Rajbanshi and did not return till late in the evening. Next day, dead body of informant's husband was found lying in the market. The informant has suspected involvement of the petitioner and one Chhote Singh based on some past incident of threating by them.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21043 of 2020(2) dt.29-06-2020 2/2 implication is merely based on suspicion. There is no eye witness and that the petitioner has no criminal antecedent. Investigation has already concluded and co-accused Chhote Singh, from whose field the dead body of the deceased was recovered, has been allowed bail in Cr. Misc. No. 12843 of 2020. The petitioner is now in custody since 8.11.2019.
Learned APP has opposed the prayer for bail. It is submitted that the petitioner is one of the name accused based on past enmity.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM VI Nawada in Akbarpur. PS Case No. 414 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T