Lallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14817 of 2015 Arising Out of PS.Case No. -174 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Lallu Singh Son of Late Manan Singh, resident of village- Inrukhi, P.S.- Sahar, District- Bhojpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17200 of 2015 Arising Out of PS.Case No. -174 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Ojindra Singh @ Vojindra Yadav Son of Etwar Singh Resident of village - Inrukhi, P.S. Sahar, District - Bhojpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.14817 of 2015) For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Ram Anurag Singh(App) (In Cr.Misc. No.17200 of 2015) For the Petitioner/s : Mr. Rakesh Dubey For the Opposite Party/s : Mr. Rajesh Kumar (App) CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard the parties.

Both the matters arise out of the same police station case and as such they have been heard together and are being disposed of by this common order.

The petitioners in both the cases seek bail in Sahar P.S.

Patna High Court Cr.Misc. No.14817 of 2015 (3) dt.22-06-2015 2 / 3 Case No. 174 of 2014 registered under sections 364,302 and 201/34 IPC. While the informant and his other family members were away from home, it is alleged that 08-year-old son of the informant was kidnapped/abducted. The FIR was lodged on the following day. A day thereafter the dead body of the victim was recovered.

Counsel for the petitioners submits that except the suspicion raised against the petitioners there is no direct allegation against them. They are in custody since 19.11.2014. In course of investigation, one Sunil Kumar Singh was arrested on 19.11.2014 who made his confessional statement naming both the petitioners. Aforesaid Sunil Kumar Singh has since been released on bail vide order dated 30.03.2015 passed in Cr. Misc. No. 11072 of 2015.

Learned APP ,on the other hand, has opposed the prayer. It is submitted that in course of investigation one witness has stated about the presence of these two petitioners near the place where the dead body of the victim was found. The motive has also been found in course of investigation. Considering the aforesaid facts, I am not inclined to grant bail to the petitioners. Their prayer for bail is accordingly rejected.

Patna High Court Cr.Misc. No.14817 of 2015 (3) dt.22-06-2015 3 / 3 If no substantial progress in the case is made within six months from the date of receipt/communication of a copy of this order, the petitioners shall have liberty to renew their prayer for bail.

(Kishore Kumar Mandal, J) HR/- U