Rajeev Kumar Singh @ Katta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32858 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- SANGRAMPUR District- Munger ====================================================== RAJEEV KUMAR SINGH @ KATTA Son of Late Dhirendra Prasad Singh @ Dhirendra Mandal Resident of Village - Dadari jala, P.S.- Sangrampur, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Sangrampur P. S Case no. 194 of 2019 registered under section 363 of the Indian Penal code. Subsequently, charge sheet has been submitted under sections 302, 364, 364A and 34 of the Indian Penal Code. As per allegation in the FIR, the 11 year old son of the informant who had gone to see the orchestra did not return home. In spite of search he was not to be found. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Subsequently, on his dead body being recovered, section 302 and other sections of the Indian Penal Code as stated above were added. There is delay of six days in lodging of the FIR. The name of the
Patna High Court CR. MISC. No.32858 of 2020(3) dt.08-01-2021 2/2 petitioner transpired in course of the investigation on the confessional statement of co-accused Rajesh Kumar Paswan who has been enlarged on bail vide order dated 11.11.2020 passed in Cr. Misc. no. 29796 of 2020. Charge sheet has been submitted in the case. The petitioner is in custody since 2.12.2019 and has no criminal antecedent.
The application for bail is opposed by learned counsel for the State.
Having heard learned counsel for the parties and taking into consideration the fact of the petitioner being in custody since 2.12.2019 and grant of bail to co-accused Rajesh Kumar Paswan on whose confessional statement the name of the petitioner has transpired, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sangrampur P.S. Case no. 194 of 2019 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 Sub-Divisional Judicial Magistrate, Munger. Prakash/- (Partha Sarthy, J) U