Rahul Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.55065 of 2015 (3) dt.20-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55065 of 2015 Arising Out of PS.Case No. -165 Year- 2015 Thana -BARHARA District- BHOJPUR ====================================================== Rahul Singh Son of Subhash Singh resident of village - Piparpati, P.S. Krishnagarh (Barhara), District - Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Kumar Uday Singh For the Opposite Party : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Barhara (Krishnagarh) P.S. Case No. 165 of 2015 for the offences instituted under Sections 302, 201/34 and 120(B) of the IPC and Section 3(2) (v) of the SC/ST (Prevention of Atrocities)Act.

As per the prosecution case, that the dead body of the son of the informant was recovered and name of the petitioner surfaced during investigation as one of the murderous. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner is not named in the FIR. Subsequently, the re-statement of the informant was

Patna High Court Cr.Misc. No.55065 of 2015 (3) dt.20-01-2016 recorded on 04.06.2015 where also the informant do not name the petitioner. Subsequently, on 20.06.2015 the third statement of the informant was recorded where he has raised a suspicion against the petitioner. Except for the suspicion, there is no direct or indirect evidence to suggest the implication of the petitioner. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Barhara (Krishnagarh) P.S. Case No. 165 of 2015 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T