Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32065 of 2022 Arising Out of PS. Case No.-416 Year-2021 Thana- KHAIRA District- Jamui ====================================================== Umesh Singh Son of Bino Singh @ Bindeshwari Singh Resident of Village - Babu tola Mahisauri, Police Station- Jamui, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khaira P.S. Case No. 416 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 27.03.2022.

The allegation against the petitioner is to commit murder of husband of the informant.

Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the

Patna High Court CR. MISC. No.32065 of 2022(6) dt.05-12-2022 2/3 occurrence, where allegation is based upon suspicion. It is submitted that from the bare perusal of F.I.R., it appears that the death was caused due to accidental electric shock, where postmortem report, also suggest superficial burn injuries found near left knee joint of the deceased. It is also submitted that as no metallic, alkaloidal, glycosidal, pesticidal and volatile poison noticed from the FSL report, therefore, suspicion, as regard to commit murder, is completely baseless. It is also submitted that being relative the visit of deceased to the house of petitioner was a normal feature. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail submitted that the occurrence took place in the house of the petitioner.

Considering the facts and circumstances as mentioned above, as save and except suspicion, nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khaira P.S.

Patna High Court CR. MISC. No.32065 of 2022(6) dt.05-12-2022 3/3 Case No. 416 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Presence of I.O. of this case before this Court is dispensed with.

(Chandra Shekhar Jha, J) pooja/- U T