Vishundeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30832 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================

1. Vishundeo Singh S/o Bhola Singh Resident of village - Kalyanpur, P.S. Paliganj, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302, 120 (B) and 34 of the I.P.C Allegedly, the petitioner conspiring with other coaccused got killed Sahdeo Bind, the son of the informant and his dead body was found lying in mustered field and at that time the F.I.R. named other accused persons were eating chicken, drinking wine and smoking ganja etc.

Submission is of false implication and that due to enmity and local politics the petitioner has been implicated in this case vide paragraphs 82 and 83 of the case diary. During investigation nothing tangible evidence has come and as such the

Patna High Court Cr.Misc. No.30832 of 2015 (3) dt.02-11-2015 2/2 petitioner deserves sympathetic consideration, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, considering that as there is no eye witness of the occurrence and further no one has seen the petitioner in the company of the deceased and charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Danapur in Paliganj P.S. Case No. 40 of 2015, subject to the conditions that one of the bailors must be a 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 consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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