Sainki @ Grupreet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 26273 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SAINKI @ GRUPREET SINGH son of Late Triloki singh @ Triloki Singh Dabua Colony Ps- Dabua Gajipur Dist- Faridabad Haryana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Madhav Kumar, Advocate For the Opposite Party/s :

Mr Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Samastipur Mufassil Police Station (for brevity, PS) Case No 396 of 2022 dated 07.09.2022 registered for the offence punishable under Sections 120B, 364, 201 and 302 read with 34 of the Indian Penal Code. As per the prosecution case, on 30.08.2022, the coaccused persons are alleged to have kidnapped the informant's

Patna High Court CR. MISC. No.26273 of 2023(2) dt.24-05-2023 2/2 son for murder or ransom due to previous enmity. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the First Information Report. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 11.10.2022. His name has sprung up during the course of investigation. There is no eye witness to the occurrence. Learned APP has vehemently opposed the bail petition of the petitioner by submitting that dead body of the informant's son was found on 08.09.

2022 Considering the aforesaid facts and circumstances of the case, the period of custody as well as clean antecedent of the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge X, Samastipur in Samastipur Mufassil PS Case No 396 of 2022 dated 07.09.2022. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T