Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31708 of 2019 Arising Out of PS. Case No.-69 Year-2017 Thana- ROHTAS District- Rohtas ====================================================== 1.

ASHOK SINGH Son of Mahesh Singh R/O- Village Shankerpur, Narasikala Khurd, Distt. Aurangabad.

2.

Shyam Bihari Singh Son of Sri Ashok Singh Resident of Village- Nawadiha Sevak Bigha P.S. and District- Rohtas.

3.

Amar Bihari Singh Son of Sri Ashok Singh Resident of Village- Nawadiha Sevak Bigha P.S. and District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Rohtas P.S. case no. 69 of 2017 instituted for the offence under Section(s) 302, 201/34 of the IPC.

Learned counsel for the petitioners has submitted that FIR is against unknown.

In the written report, it is alleged that son of the informant, namely Akhilesh Singh ( since deceased) went for call of nature on 12.3.2017 and he did not return. It is further alleged that his dead body was found on 15.3.2017 from near

Patna High Court CR. MISC. No.31708 of 2019(2) dt.13-05-2019 2/2 the drain of Gagha Pahadi Mines. During investigation, the name of these petitioners has come merely on suspicion on the ground that Akhilesh Singh ( since deceased) had some land dispute with accused Ashok Singh and he had given threat to deceased.

From the impugned order, it appears that in several paragraphs of the case diary mere suspicion has been raised against these petitioners.

Petitioners are in custody since 15.1.2019 having clean antecedents.

Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge, Rohtas at Sasaram, in connection with Rohtas P.S. case no. 69 of 2017, Sessions Trial No. 101 of 2019, subject to the condition that both the bailors shall be the close relative of the petitioners.

(Sanjay Priya, J) shyambihari/- U T