Parash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10832 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -DIGHWARA District- SARAN ======================================================

1. Parash Singh Son of Devi Singh resident of village - Shitalpur Kothi, P.S. Dariyapur, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dighwara P.S. Case No. 186 of 2015 registered for the offences punishable under Sections 302, 201 and 120-B/34 of the Indian Penal Code. Allegedly, truck bearing Registration No. BR-1G-4237 was found burning and truck owner Rakesh Kumar, Shrawan Rai and the petitioner wrapped a dead body in gunny bag and with the help of handcart sent the same to throw in river Ganga, stating that the dead body is of monkey but when the informant went there and saw the dead body, it was of a man.

Submission is of false implication and that the petitioner is a poor truck driver. The dead body which was in the

Patna High Court Cr.Misc. No.10832 of 2016 (7) dt.21-06-2016 2/3 truck was not identifiable and it was looking like dead body of a monkey, there is no material that the petitioner has committed murder of anyone and further during investigation it has not come as to who was killed and without any sufficient material the petitioner is suffering in custody since 20.12.2015. The learned APP submits that the doctor who has conducted bone examination has also suggested that the dead body belongs to a middle age human male adult which is attached with the affidavit of the Principal, PMCH, who has appeared in this Court physically.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Chapra in connection with Dighwara P.S. Case No. 186 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two

Patna High Court Cr.Misc. No.10832 of 2016 (7) dt.21-06-2016 3/3 consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T