Banke Singh @ Banke Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41187 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- BANKA District- Banka ====================================================== BANKE SINGH @ BANKE KUMAR SINGH Son of Ramnagina Singh Resident of Village - Pathara, Near Samukhiya More, P.S.- Banka, District - Banka, Bihar - 813102.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Nishant Kumar Sinha, learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Banka P.S. Case No. 174 of 2020 registered for the offence punishable under Section 302/34 of the Indian Penal Code 1860. As per the allegation in the First Information Report, the informant received an information by his cousin that his father had met with an accident, due to which, he died near the Petrol Pump and upon information received by his cousin, the informant reached near the Petrol Pump and found that his father was dead and lying near the road. The informant has raised a suspicion that an altercation had taken place with the

Patna High Court CR. MISC. No.41187 of 2021(2) dt.31-01-2022 2/3 informant's father, the petitioner and others, few days ago, due to which, the accused persons killed the father of the informant. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of suspicion only. Learned counsel further submits that similarly situated co-accused persons who are named in the First Information Report along with the petitioner, have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 25363 of 2020. The petitioner is in custody since 25.5.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court, the petitioner is in custody since 25.5.2020, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.41187 of 2021(2) dt.31-01-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 174 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

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