Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25690 of 2015 Arising Out of PS.Case No. -354 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Radha Mohan Singh, son of Late Ramjatan Singh, resident of villageAsani, Police Station- Udwant Nagar, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.13322 of 2015 Arising Out of PS.Case No. -354 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Bipin Kumar Singh Son of Rajdeo Singh Resident of Village- Asani, P.s.- Udwantnagar, District - Bhojpur at Ara (Bihar) .... .... Petitioner

Versus

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

(In Cr.Misc. No.25690 of 2015) For the Petitioner/s : Mr. Makardhwaj Upadhyay, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit(App) (In Cr.Misc. No.13322 of 2015) For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2015 Heard both sides.

The petitioners apprehend their arrest in Udwant Nagar P.S. Case No. 354/2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant (widow of the deceased) alleged that the petitioners took her husband outside the house. She came out and

Patna High Court Cr.Misc. No.25690 of 2015 (5) dt.26-11-2015 2/3 saw Manoj Singh and Pintu Singh also standing there. Her husband went along with them, but he did not return. Sri Rajiv Rai, learned counsel for the petitioner Radha Mohan Singh and Sri Manoj Kumar, learned counsel for the petitioner Bipin Kumar Singh have submitted that the petitioners have got enmity with the deceased and it is very uncommon and strange that even then the deceased went along with the petitioners.

It is submitted that Radha Mohan Singh had litigation with Sunil Singh. The informant-wife of Sunil Singh alleged that she left pairvi in the case of Radha Mohan Singh. Her husband had gone to jail. Save and except the last seen, there is no material against the petitioners.

On the other hand learned Additional P.P. as well as learned counsel for the informant vehemently opposed the prayer for bail.

The petitioners took Sunil Singh, the deceased with them and later on Manoj and Pintu also joined them, it has come during course of investigation that many persons saw them to see Durga Puja, thereafter Sunil Singh became traceless and his dead body was found, Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.25690 of 2015 (5) dt.26-11-2015 3/3 enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T