Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37271 of 2019 Arising Out of PS. Case No.-47 Year-2015 Thana- PIPRAKOTHI District- East Champaran ====================================================== KUNAL SINGH Son of Asharfi Singh Resident of Village-Kundiya (Bangari), Police Station-Pipra Kothi, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the State :

Renu Kumari (App) For the O.P. : Om Prakash Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-07-2015. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

A report was called for from the court below. From perusal

Patna High Court CR. MISC. No.37271 of 2019(5) dt.19-02-2020 2/2 of the report, it appears that the trial is not expected to be concluded in near future. The petitioner has remained in custody for four years and six months. The name of the petitioner transpired in this case only on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Vth, Motihari, East Champaran in connection with Sessions Trial No. 99 of 2016 arising out of Pipra P.S. Case No. 47 of 2015. (Sudhir Singh, J) A.K.V.//- U T