Lalbabu Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75693 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- RAJEPUR District- East Champaran ======================================================

1. Lalbabu Singh

2. Bir Bahadur Singh, both sons of Ram Ekbali Singh Both residents of village-Kadma, P.S.-Rajepur, District-East Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2018 Heard both sides.

The petitioners seek bail in Rajepur P.S. Case No.68 of 2018 registered under Sections 302, 120B and 34 of the Indian Penal Code.

The informant, wife of the deceased disclosed that her husband left his house saying that he was going to the house of Chandan Singh on his call but when her husband did not return, the informant went to the house of Chandan Singh and saw Lal Babu Singh, Bir Bahadur Singh, Krishna Singh, Ashok Singh, Jagarnath Singh, Mithilesh Singh, Upendra Paswan, Baccha Paswan, Alok Paswan and Ram Ekbali Singh having armed with different weapons were sitting there. They disclosed that her husband left the place much earlier but her husband did not return. The dead body of her husband was found north to the house of the informant.

The learned counsel for the petitioners submits that petitioners were found sitting at the darwaza of Chandan Singh

Patna High Court Cr.Misc. No.75693 of 2018(2) dt.18-12-2018 2/2 but the informant did not make any specific allegation against the petitioners. Similarly situated co-accused, Ram Ekbali Singh, Bacha Paswan and Chandan Singh have been granted bail vide order passed in Cr. Misc. No.52579 of 2018, Cr. Misc. No.66994 of 2018 and Cr. Misc. No.67014 of 2018 respectively. The case of the petitioner stands on the same footing. It appears that the informant did not make any allegation against the petitioners but she disclosed that the petitioners and another accused persons were sitting at the darwaza of Chandan Singh and they were armed with different weapons. Similarly situated co-accused, Ram Ekbali Singh, Bacha Paswan and Chandan Singh, the person who called the deceased, have already been enlarged on bail.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sadar, East Champaran at Motihari in connection with Rajepur P.S. Case No.68 of 2018.

(Prabhat Kumar Jha, J) Saurabh/- U T