Ajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46395 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -MARHAURA District- SARAN ======================================================

1. Ajit Kumar Singh S/o Late Suresh Singh, Resident of Village- Tira, Police Station- Harnaut, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsels for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C.

The prosecution case, in short, is that on the alleged date and time of occurrence two drivers of two trucks were sleeping on the ground and the informant being helper went to ease himself and after return he saw both the drivers dead and there was mark of pressure on the body of both the deceased. It is suspected that jhulla owner for payment of Rs.8000/-, which was paid by the drivers, killed both the drivers. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.7.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.46395 of 2016 (4) dt.16-12-2016 2/2 witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. nor there is eye witness to the alleged occurrence. Except for the confessional statement of the coaccused, there is no other substantive evidence to suggest his implication in the present case. The other co-accused have been granted bail vide Annexure-2 to the present application and vide Cr.Misc.No.45660 of 2016.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Marhowrah P.S. case No.160 of 2015.

It is directed that the petitioner shall co-operate during the trial.

(Sudhir Singh, J) Narendra/- U T