Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23635 of 2020 Arising Out of PS. Case No.-206 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

PRAKASH SINGH Son of Late Subodh Singh Resident of Village - Kaithi, P.S.- Chautham, District - Khagaria 2.

Uday Singh Son of Late Subodh Singh Resident of Village - Kaithi, P.S.- Chautham, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2020 Heard Mr. Viveka Nand Singh, learned counsel for the petitioners and Md. Iftekhar Mahmood, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Chautham P.S. Case No. 206 of 2019 registered for the offences punishable under Sections 364 and 302/34 of the Indian Penal Code 1860.

The allegation against the petitioners as per the First Information Report is that the petitioners along with other accused persons in conspiracy with each other abducted the son of the informant and killed him. The dead body of the

Patna High Court CR. MISC. No.23635 of 2020(2) dt.15-09-2020 2/3 informant's son was found lying in the field of one Jai Prakash Singh having slit on his neck.

Learned counsel for the petitioners submits that altogether seven persons have been made accused in the present case. The petitioners have falsely been implicated in this case with oblique motive. Learned counsel further submits that no overt act has been alleged against the petitioners and their names have come on the basis of suspicion only. Learned counsel referring to Annexure-2 submits that similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 02.06.2020 passed in Cr. Misc. 16914 of 2020.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated coaccused persons have been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate3rd, Khagaria, in connection with Chautham P.S. Case No. 206

Patna High Court CR. MISC. No.23635 of 2020(2) dt.15-09-2020 3/3 of 2019 on the following condition:- (i) that the petitioners will be well represented on each date in the trial and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T