Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47949 of 2023 Arising Out of PS. Case No.-259 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Pankaj Singh Son Of Late Balmiki Singh R/O-Lodipur Japhara, P.O. And P.S.-NARDIGANJ, Distt.-NAWADA 2.

Upendra Singh Son Of Late Balmiki Singh R/O-Lodipur Japhara, P.O. And P.S.-NARDIGANJ, Distt.-NAWADA 3.

Uday Singh Son Of Late Balmiki Singh R/O-Lodipur Japhara, P.O. And P.S.-NARDIGANJ, Distt.-NAWADA 4.

Subin Singh Son Of Janardhan Singh @ Chunchun Singh R/O-Lodipur Japhara, P.O. And P.S.-NARDIGANJ, Distt.-NAWADA ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ram Nibash Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners killed informant's uncle by pressing his neck.

4. It is submitted on behalf of the petitioners that due to previous enmity, petitioners have falsely implicated in this case on the basis of suspicion. No direct or indirect evidence has

Patna High Court CR. MISC. No.47949 of 2023(3) dt.11-10-2023 2/2 come against the petitioners during course of investigation to show his complicity in the occurrence. Police after investigation submitted final form against the petitioners but the Court below differing with the same took cognizance of the offence. Petitioners claim clean antecedent.

5. Considering the fact that save and except suspicion, no direct or indirect evidence has come against the petitioner during course of investigation to show complicity of the petitioners in the occurrence coupled with the fact that the petitioners have got clean antecedent, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Nawada in Nardiganj Police Station Case No. 259 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U