Karu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22350 of 2017 Arising Out of PS.Case No. -26 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Karu Singh Son of Rambilash Singh, Resident of Village- Rahatpur, P.S.- Balia, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Ms. Soni Shrivastava, Advocate.

For the Opposite Party : Mr. Anuj Kumar Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner seeks bail in Bakhri P.S. Case No. 26 of 2016 registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code and under Section 27 of the Arms Act.

The Chowkidar lodged the case against unknown after recovery of the dead body of Upendra Singh. It is alleged that Upendra Singh was shot dead somewhere else and his dead body was thrown.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence. During the course of investigation the learned Sessions Judge, Begusarai has referred to paragraph numbers 33, 34, 35, 36 and 37 of the case diary but, in

Patna High Court Cr.Misc. No.22350 of 2017 (3) dt.23-06-2017 2/2 all the aforesaid paragraphs the son and other relatives of the deceased simply suspected that the petitioner and two others have got enmity with the deceased and they might have killed the deceased. The investigating officer could not collect any tangible material against the petitioner.

The learned APP did not dispute the facts.

Considering the facts aforesaid and the fact that the petitioner is not named in the FIR and save and except suspicion there is no other material against the petitioner, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in Bakhri P.S. Case No. 26 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T