Satyendra Singh @ Satender Singh @ Lada Singh @ Ladan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43087 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- DINARA District- Rohtas ====================================================== SATYENDRA SINGH @ SATENDER SINGH @ LADA SINGH @ LADAN SINGH SON OF SAHEB DAYAL SINGH R/O VILLAGEPITHNI, P.S.- DINARA, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jagdish Prasad Singh, Adv.
For the Opposite Party/s :
Mr.Jagdhar Prasad, APP For the informant : Mr.Sadanand Roy, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and the State as also the informant.
The petitioner apprehends his arrest in connection with Dinara (Bhanas) P.S. Case No. 182 of 2021 instituted under Sections 302, 201, 120B of the Indian Penal Code. As per the prosecution story, the informant alleged that her husband had gone on 14.9.2021 but did not return and his dead body was found on subsequent day in a paddy field of Harishankar Pandey. There was a black spot on his neck and blood around eyes. The further allegation is that one Manbodh Paswan was abusing a person in 'tola' and this was objected by the informant's husband and on that day Manbodh Paswan along with other three named accused had threatened him of
2/4 dire consequences. Accordingly, she named her in the FIR lodged.
Learned counsel for the petitioner submits that a bare perusal of the FIR would show that the lady named the accused persons as those may be behind the alleged killing. Subsequently, Manbodh Paswan was taken into custody and made a confession which is in para-27 of the case diary where, he has named number of persons including the present petitioner. He as such submits that the said confessional statement only names him, there is nothing on record to show his active participation and he had nothing to do with the alleged occurrence. The last submission is that he do not have criminal antecedent.
Learned counsel for the informant on the other hand opposes the prayer of bail stating that his name has come in the confessional statement.
Considering the fact that the petitioner's name was not taken by the lady-informant, it was in the confessional statement of Manbodh Paswan that his name came up in which he has simply narrated the name of some more accused persons without assigning any role, the petitioner do not have criminal antecedent and ultimately will be facing the trial, this
3/4 Court is inclined to extend him privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Dinara (Bhanas) P.S. Case No. 182 of 2021 to the satisfaction of learned A.C.J.M.-1st, Bikramganj, District-Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and with further conditions :
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
4/4 (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ajay Singh/- U T