Kundan Das @ Loha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37816 of 2021 Arising Out of PS. Case No.-754 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== KUNDAN DAS @ LOHA SINGH Son of Nageshwar Das Resident of Village - Khurda Karubali, P.S.- Kumarkhand, Distt.- Madhepura, Permanent Address- Village - Naulakhi, P.S.- Jankinagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The husband of the informant is said to have been killed by the petitioner in association of other co-accused. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.37816 of 2021(3) dt.21-07-2022 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case only on the absis of suspicion. There is no eye witness of the occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that during the course of investigation wintesses have stated that the deceased died due to accident, which has come in paragraphs8, 13 & 17 of the case diary. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhepura P.S. Case No. 754 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T