Subodh Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13950 of 2017 Arising Out of PS.Case No. -115 Year- 2015 Thana -JALALPUR District- SARAN ====================================================== Subodh Kr. Singh son of Nagendra Singh, resident of village- G.S. Bangra, P.S.-Jalalpur, Distt- Saran, Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jalalpur P.S.Case No.115 of 2015 registered for offences punishable under Section 302 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and later on, during the course of investigation, his name transpired. It is submitted on behalf of the petitioner that name of the petitioner has transpired in this case only due to suspicion, as it is alleged that a girl of village has illicit relation with the petitioner and other accused persons. The petitioner had seen the occurrence and he was threatened by the petitioner of dire consequences. Except suspicion, there is nothing against the petitioner, nor the petitioner was seen with the deceased prior to occurrence. He is in custody for about three months and now the charge-sheet has been submitted against the petitioner.

Patna High Court Cr.Misc. No.13950 of 2017 (3) dt.25-04-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides, in view of submissions of the learned counsel for the petitioner and also the charge-sheet has been submitted as well as except suspicion, there is nothing against the petitioner, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M-IX, Saran, Chapra in connection with Jalalpur P.S.Case No.115 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U