Krishna Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35708 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Krishna Kumar Singh, Son of Late Yamuna Singh, Resident of Village- Kund, P.S.- Dinara, P.O.- Bhanas, Distt- Rohtas at present Resident of VillageBhelai, Defence Colony, P.S.- Udawantnagar, Distt- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Udwantnagar P.S. Case No.141 of 2023 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. 3.

The accused/petitioner is not named in the FIR and is in custody since 29.03.2023.

4.

As per FIR, the daughter of the informant-cumpetitioner aged about 8 years shot dead by named co-accused persons while he went to Sasaram in connection with his pending court case.

5.

It is submitted by learned counsel that during the course of investigation, the confessional statement of the

Patna High Court CR. MISC. No.35708 of 2023(3) dt.03-08-2023 2/3 petitioner, who was initially informant of the case, was obtained from which it appears that the minor daughter of informant received bullet injuries out of an accident while petitioner was not at home. It is further submitted that this fact also supported by other family members, who were present at home, where maximum allegation what appears against this petitioner is to have in possession of illegal firearms. While concluding argument, it is submitted that the petitioner found involved in one more more criminal case, where he is on bail and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as save and except confessional statement of petitioner, who was the informant of this case, nothing appears incriminating, which may suggest that petitioner was involved prima facie to commit murder of his own minor daughter aged about 8 years, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 29.03.2023, accordingly, the petitioner, above-named, is

Patna High Court CR. MISC. No.35708 of 2023(3) dt.03-08-2023 3/3 directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No.141 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T