Satrudhan Singh @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35059 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

SATRUDHAN SINGH @ BHOLA SINGH Son of Late Surya Deo Singh 2.

Amarjeet Singh Son of Sri Raj Kumar Singh both Resident of Village-Sisai, Police Station-Baikunthpur, District-Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 03.03.2019 when the informant and his family members were sitting at their door a phone call came on the mobile of his son and his son Sumit Kumar proceeded to the house of petitioner no. 1 stating that petitioner no. 1 called him to give money. At 1.30PM, he heard in the mouth of villagers that his son Sumit Kumar was killed and his dead body was thrown in the mustard field adjacent to the house of petitioner no. 1. Informant along

Patna High Court CR. MISC. No.35059 of 2019(3) dt.30-08-2019 2/3 with others rushed to the P.O. and found that his son was killed by strangulating him and there was mark of strangulation in his neck. It is stated that petitioners in association with co-accused persons in a conspiracy killed his son by strangulating him. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that there is no evidence against the petitioners and there is no eye-witnesses of the occurrence. Petitioners have no concern with mobile no. 8809507859 and they are languishing in judicial custody since 03.03.2019 due to suspicion. There is no direct allegation against the petitioners.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur Police Station Case No. 43 of 2019, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.35059 of 2019(3) dt.30-08-2019 3/3 (II) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below. (III) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Anjani Kumar Sharan, J) devendra/- U T