Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42876 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== KUNDAN SINGH Son of Sri Satyendra Singh Resident of Village - Parsurampur, Narauni Tola, P.S.- Pipra, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that her husband was threatened by Kundan Singh and Satyendra Singh over the work being done by him by driving the tractor of one Umesh Prasad Singh. Subsequently, the informant states that they were living under fear over the threat given by two accused persons. Soon thereafter her husband disappeared and was not to be found inspite of search. His mobile was coming to be switched off.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Only

Patna High Court CR. MISC. No.42876 of 2021(3) dt.28-03-2022 2/2 an unfounded suspicion has been raised against him in the FIR and no material has transpired in course of investigation to connect him with the alleged crime. His case stands on a better footing to that of co-accused Satyendra Singh who has been enlarged on anticipatory bail vide order dated 4.3.2022 passed in Cr. Misc. no. 44360 of 2021. The petitioner is in custody since 23.6.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, the petitioner having remained in custody for 9 months and grant of anticipatory bail to co-accused Satyendra Singh, the Court directs the petitioner to be enlarged on bail in connection with Mohammadpur P.S. Case no. 22 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 the learned A.C.J.M-I, Gopalganj.

(Partha Sarthy, J) Prakash/- U