Kunal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37815 of 2020 Arising Out of PS. Case No.-46 Year-2017 Thana- PIPRA District- East Champaran ====================================================== KUNAL SINGH, aged about 35 years, Male, Son of Asharfi Singh, Resident of Village- Bangari, Kudia, P.S.- Pipra Kothi, District- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Karandeep Kumar, Advocate.
For the Opposite Party :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 387, 120(B), 504 and 506 of the I.P.C. The prosecution story, in brief, is that earlier the father and brother of the informant had been shot dead. On 23.03.2017 at about 8.28 A.M; the informant received threatening to kill him on his Mobile No. 7542896912 from Mobile No. 7761855825, who told to withdraw the case otherwise within a week, his brother-in-law (Bahnoi) and his family members will be murdered and he disclosed his name as
Patna High Court CR. MISC. No.37815 of 2020(2) dt.05-02-2021 2/3 Rajesh Singh. It is further stated that Rajesh Singh is in jail in connection with murder case of Raj Kapoor Thakur and this petitioner Kunal Singh and co-accused Pushkar Singh and Rajesh Singh are doing conspiracy to commit murder of the informant and his family members.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 12.01.2018. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has come in the present case merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has remained in custody for more than two years. There is no chance of trial being concluded in near future.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.37815 of 2020(2) dt.05-02-2021 3/3 satisfaction of the learned C.J.M., East Champaran, Motihari, in connection with Pipra P.S. Case No. 46 of 2017. (Sudhir Singh, J) U.K./- U T