Sarvesh Singh @ Sarbesh Singh @ Lalla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40237 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== SARVESH SINGH @ SARBESH SINGH @ LALLA Son of Sanatan Singh Resident of Village Korai Gadhpura Under, P.S. Gadhpura, District - Begusarai. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail inHasanpur Police Station Case No. 206 of 2020 registered for the offences punishable under sections 302/34.120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, all the three FIR named accused persons including the petitioner took the nephew of the informant with them for settlement of money dispute. Thereafter same day informant got information that the dead body of his nephew is lying near Ganga Dairy.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion as the accused persons had some money dispute with the deceased. He further submits that the informant is not the eye witness. The only material collected during course of investigation is the call details report of the petitioner's mobile phone. However, said mobile phone does not

Patna High Court CR. MISC. No.40237 of 2021(3) dt.18-11-2021 2/2 belong to him. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition and is in custody since 15.4.2021.

Learned counsel for the State opposes the prayer for bail. He submits that there is specific allegation that the petitioner and other accused persons took the nephew of the informant with them for settlement of money dispute and soon thereafter informant got information that the dead body of his nephew is lying near Ganga Dairy. Moreover, there was monetary dispute between the petitioner and the deceased and on earlier occasion accused persons had threatened the deceased of dire consequences.

Considering the nature of accusation and the materials available on the record during course of investigation against the petitioner, his prayer for bail is refused. (Prabhat Kumar Singh, J) shashi/- U T