Bir Bahadur Singh @ Bir Bhadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38321 of 2020 Arising Out of PS. Case No.-113 Year-2019 Thana- ASANWA District- Siwan ====================================================== BIR BAHADUR SINGH @ BIR BHADUR SINGH, Son of Late Kishundeo Singh @ Krishndev Singh, Resident of Village- Kasila, P.S.- Asaon, DisttSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 302 and 120B/34 of the Indian Penal Code.

Co-accused Jaishree Chauhan allegedly took the deceased Vinod Yadav, the son of the informant and thereafter dead body of Vinod Yadav was recovered from a well. Allegation is that the F.I.R. named accused persons including the petitioner committed his murder.

Submission is that there is no eye witness of the occurrence and the impugned order would reveal that only for seriousness of allegation without any specific attribution against the petitioner, prayer for bail has been

Patna High Court CR. MISC. No.38321 of 2020(2) dt.09-02-2021 2/2 refused. Petitioner is in custody since 10.12.2019. Investigation of the case is already complete. There is nothing to substantiate that the petitioner is going to tamper with the evidence. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Asaon P.S. Case No. 113 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T