Patna High CourtCR. MISC./54208/2016allowed

Ashok Kumar Singh @ Ashok Singh v. The State Of Bihar

2017-02-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54208 of 2016 (3) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54208 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Ashok Kumar Singh @ Ashok Singh Son of Raghubar Singh@Raghubir Singh Resident of at Chitranjivipur, P.S: Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 25.10.2016 in connection with Bachhwara P.S. Case No. 127 of 2016 registered under Sections 363, 365, 34, 364, 302 and 201 of the Indian Penal Code and Section 3/4 of the D.P. Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and falsely been implicated in this case due to village politics. Moreover, the petitioner is not named in the F.I.R. and merely on the ground of confessional statement of co-accused, this petitioner has been implicated in this case, which has no evidentiary value. Nothing incriminating has been recovered from the conscious possession of the petitioner nor the police, during investigation, has found his hands behind the alleged occurrence. Since charge sheet has

Patna High Court Cr.Misc. No.54208 of 2016 (3) dt.20-02-2017 been submitted in this case, there is no chance of tampering with the evidences. The petitioner happens to be of clean antecedent and has been rotting in custody for the last three and half months. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in connection with Bachhwara P.S. Case No. 127 of 2016.

(Arvind Srivastava, J) brajesh/- U T