Prithwinath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27101 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ====================================================== Prithwinath Singh S/o Sri Satya Narayan Singh R/o Village - Ramgarha, P.S. - Darauda, Dist. - Siwan.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Petitioner is named in the first information report with accusation that he took the deceased from his house and after that dead body of the deceased was found. Admittedly, none has seen the actual killing of the deceased but learned counsel for the informant submits that in course of investigation, two witnesses claimed that deceased and petitioner quarreled with each other and after that deceased was taken away by the petitioner and one co-

Patna High Court Cr.Misc. No.27101 of 2016 (3) dt.30-08-2016 2/2 accused, Anil Kumar Singh and, thereafter, the dead body of the deceased was recovered.

Even if the submission of learned counsel for the informant be accepted, then also, it is a case of last seen. The investigation against the petitioner has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Sessions Judge-IV, Siwan in connection with Sessions Trial No. 111 of 2016 arising out of Maharajganj P.S. Case No. 309 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T