Shiv Kalyan Singh @ Shiv Kalyan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37843 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHIV KALYAN SINGH @ SHIV KALYAN KUMAR S/o Ram Pravesh Singh R/o Vill- Khamhar, P.S.- Begusarai Muffasil, Dist- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Informant :

Mr. Bipin Kumar For the State : Mr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2021 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 201, 120(B)/34 of the Indian Penal Code.

As per the prosecution case, Bambam Singh with some unknown miscreants committed the murder of the father of the informant.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has surfaced in this case during the course of investigation in the re-statement of the informant where the informant stated that prior to the occurrence there was some dispute between the

Patna High Court CR. MISC. No.37843 of 2021(3) dt.30-09-2021 2/3 deceased and this petitioner with respect to transaction of money and, therefore, the informant suspected that this petitioner committed the murder of the father of informant. Save and except suspicion no other material has come during the course of investigation against this petitioner to corroborate the suspicion of the informant and there is no eye witness of the occurrence. Petitioner is in custody since 31.01.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that during the course of investigation name of the petitioner has transpired in the re-statement of the informant.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil PS case No. 37/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.37843 of 2021(3) dt.30-09-2021 3/3 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T