Kailash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32608 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== KAILASH SINGH SON OF DINESH SINGH RESIDENT OF VILLAGE - SAKROHAR, WARD NO. 03, P.S.- BAILDOUR, DISTRICT- KHAGARIA. ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad , Advocate Mr. Manoj Kumar , Advocate Pooja Prasad , Advocate For the Opposite Party/s :
Mr. Harendra Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code .
3. As per the prosecution case , on the alleged date and time of occurrence , an unknown call came to the son of the informant (deceased) from mobile No. 6299375964 and then the deceased went out of his house and subsequently , beheaded dead body was found on 11.07.2023 , and thereafter F.I.R., was
Patna High Court CR. MISC. No.32608 of 2024(3) dt.23-07-2024 2/3 lodged against unknown .
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., and his name transpired during course of investigation on restatement of the informant. Informant is not eye witness to the alleged occurrence nor he has seen the petitioner with his son any time prior to death of his son . The alleged mobile number does not belong to this petitioner. During course of investigation , after ten days father of the informant raised suspicion against this petitioner on the ground that this petitioner was business partner of the deceased and this petitioner along with other co-accused persons might have committed murder of his son . Except suspicion there is nothing on record to show the complicity of this petitioner in the alleged occurrence . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case , in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate , Udakishunganj ,
Patna High Court CR. MISC. No.32608 of 2024(3) dt.23-07-2024 3/3 District- Madhepura in connection with Udakishunganj P.S. case No. 224 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T