Budha Kumar Singh @ Budha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26105 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Budha Kumar Singh @ Budha Singh, son of Ardhanand Singh, resident of Village- Ekbari, Police Station- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends his arrest in Sahar P.S. Case No. 12/2017, registered for the offences punishable under Sections 307, 353 and other sections of the Indian Penal Code. The informant A.S.I. Sahar P.S. alleged that he got information that a dead-body is found in a well in village - Ekbari, on such information, the informant and other police officials went there, but the accused persons started pelting stones and broke the glasses of officials vehicles.

Learned counsel for the petitioner submits that Jai Mangal Singh lodged Sahar P.S. Case No. 11/2017 on 29.01.2017 for murder of his nephew Prince Kumar. The dead-body was recovered in the well. The police came there and picked-up quarrel

Patna High Court Cr.Misc. No.26105 of 2017 (2) dt.13-07-2017 2/2 with the villagers. It is submitted that the informant also stated that the occurrence took place on 29.01.2017 and on the same day Sahar P.S. Case No. 11/2017 was registered, but the F.I.R. of Sahar P.S. Case No. 11/2017 was sent to the court on 31.01.2017 and the F.I.R. of the present case was sent to the court on 02.02.2017. This fact itself shows the falsity of the case and it appears that no occurrence of pelting stones on the police party took place. There is no specific allegation made against the petitioner.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - X, Bhojpur, Ara in connection with Sahar P.S. Case No. 12/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T