Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30255 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

RAJEEV SINGH Son of Ram Nandan Singh Resident of Village - Mehda Sahpur, P.S. - Cheriabariapur, District - Begusarai. 2.

Chintu Chaudhary Son of Susheel Chaudhari Resident of Village - Mehda Sahpur, P.S. - Cheriabariapur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashish Kumar, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and Ms. Pronati Singh, the learned APP for the State.

The petitioners seek regular bail in connection with Cheriabariarpur P.S. Case No. 150 of 2019, registered for the offence punishable under Sections 363, 364 and 120B of the Indian Penal

Patna High Court CR. MISC. No.30255 of 2020(2) dt.23-11-2020 2/3 Code.

The allegation is regarding five accused persons including the petitioners herein having arrived at the house of the informant, whereafter they had taken away the brother of the informant and subsequently, the dead body of the brother of the informant was recovered.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 11.12.2019. The learned counsel for the petitioners has further submitted that there is no eye-witness to the alleged occurrence and the petitioners have been implicated in the present case merely upon suspicion. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by coordinate Benches of this Court vide orders dated 13.08.2020, 31.08.2020 and 22.09.2020 passed in Criminal Miscellaneous No. 15057 of 2020, Criminal Miscellaneous No. 18163

Patna High Court CR. MISC. No.30255 of 2020(2) dt.23-11-2020 3/3 of 2020 and Criminal Miscellaneous No. 21264 of 2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioners and taking into account the parity of the case of the petitioners with that of the co-accused persons, who have already been granted bail by coordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioners on regular bail. Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Manjhaul, Begusarai in connection with Cheriabariapur P.S. Case No. 150 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T