Patna High CourtCR. MISC./17005/2016bail granted

Bipin Singh And ANR v. The State Of Bihar

2016-05-26Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.17005 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17005 of 2016 Arising Out of PS.Case No. -511 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Bipin Singh S/o Pauli Singh @ Rajendra Singh, resident of villageChanda, P.S. Marhowarah, District- Saran

2. Abhimanyu Singh S/o Ramdeo Singh resident of village- Tenua, P.S. Marhowrah, District- Saran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajesh Roy, Advocate For the Opposite Party : Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody since 29.02.2016 and 27.02.2016 respectively in connection with Marhowarah (Gaura O.P.) P.S.Case No.511 of 2015 registered for the offence under Sections 302 and 120(B) of the IPC.

As per the prosecution case, it is alleged by the informant that three persons fired upon the brother of the informant and he fell down and blood was oozing out from his body and thereafter taken to the hospital where he was declared dead.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.17005 of 2016 (3) dt.26-05-2016 petitioners are in custody since 29.02.2016 and 27.02.2016 respectively. Chargesheet has been submitted in the case. Petitioners have falsely been implicated in the present case due to previous enmity. The only material against the petitioners is of suspicion and the confessional statement of a co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to show the implication of the petitioners in the present case.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioners 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 ACJM-II, Saran at Chapra in connection with Marhowarah P.S.Case No.511 of 2015.

(Sudhir Singh, J) B.Kr./- U T