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Patna High CourtCR. MISC./60191/2018bail granted

Sujay Singh @ Fiter v. The State Of Bihar

2018-10-11Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60191 of 2018 Arising Out of PS. Case No.-634 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Sujay Singh @ Fiter S/o Late Arjun Singh @ Arjun Tanti, R/o Vill.- Bhadas South, P.S.- Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 60242 of 2018 Arising Out of PS. Case No.-633 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Sujay Singh @ Fiter, Son of Late Arjun Tanti @ Late Arjun Singh, R/o Village- Bhadas, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 60191 of 2018) For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh (In Criminal Miscellaneous No. 60242 of 2018) For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in the 1st case, who is in custody, seeks bail in connection with Khagaria (Mufassil) P.S. Case No. 634 of 2016 registered for the offence punishable under Sections 302, 201, 120B/34 of the Indian Penal Code and in the 2nd case,

Patna High Court Cr.Misc. No.60191 of 2018(3) dt.11-10-2018 2/3 he seeks bail in connection with Khagaria (Mufassil) P.S. Case No. 633 of 2016 registered for the offence punishable under Sections 302, 201, 120B/34 of the Indian Penal Code For a murder of one person, two FIRs have been lodged against unknown persons. 1st FIR was lodged on the fardbeyan of one Mukesh Yadav that dead body kept in the postmortem room is of Kare Yadav. 2nd FIR has been lodged by the Choukidar who had seen the dead body in the field of one Sheetal Mahto which was covered by some soil. It has been submitted on behalf of the petitioner (in both the cases) that he is innocent and has been falsely implicated in this case. He is not named in the FIR. Petitioner has been roped in this case on the basis of C.D.R.

of his mobile number and he has been arrested on his confessional statement before the police, which has no evidentiary value. Petitioner is in custody since 18.10.2017 after remand from another case. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria, in connection with in 1st case Khagaria (Mufassil) P.S. Case No.

Patna High Court Cr.Misc. No.60191 of 2018(3) dt.11-10-2018 3/3 connection with in 2nd case Khagaria (Mufassil) P.S. Case No. 633 of 2016.

(S. Kumar, J) veena/- U T