Shyam Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26258 of 2022 Arising Out of PS. Case No.-867 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Shyam Nandan Singh Son Of Late Rameshwar Singh R/O Mohalla- Naya Tola, Chhata Chowk, P.S.- Kazi Mohammadpur, District- Muzaffarpur 2.

Gautam Singh @ Gautam Kumar Son Of Shyam Nandan Singh R/O Mohalla- Naya Tola, Chhata Chowk, P.S.- Kazi Mohammadpur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201, 120(B), 406/34 of the Indian Penal Code.

As per the prosecution case, due to dispute between the parties over demand of wages the accused persons including petitioners killed the brother of informant and threw the dead body on railway track.

It is submitted that informant is not eye-witness of the occurrence and only on suspicion petitioners have been made accused in this case. During course of investigation, no direct or

Patna High Court CR. MISC. No.26258 of 2022(3) dt.23-11-2022 2/2 indirect evidence has come which shows the complicity of petitioners in the alleged occurrence. It is next submitted that as as a matter of fact informant's brother died due to train accident and in this context, he relied upon the postmortem report wherein it is mentioned that death caused due to injury caused by hard and blunt (heavy) substance. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, West Muzaffarpur in connection with Kurhni (Turki OP) P.S. Case No. 867 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T