Patna High CourtCR. MISC./58121/2021bail granted

Pramod Singh v. The State Of Bihar

2022-04-04Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54936 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SAKSOHRA District- Patna ====================================================== MANOJ SINGH SON OF LATE MAHENDRA SINGH R/O VILLAGEANDAULLI, P.S.- SAKSOHRA, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58121 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SAKSOHRA District- Patna ====================================================== PRAMOD SINGH Son of Late Mahendra Singh Resident of VillageAndaulli, P.S.- Saksohra, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54936 of 2021) For the Petitioner/s :

Mr. Samir Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP (In CRIMINAL MISCELLANEOUS No. 58121 of 2021) For the Petitioner/s :

Mr. Samir Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The two petitioners in the two applications have prayed for grant of regular bail in connection with Saksohra P.S. Case no. 32 of 2020 registered under sections 302, 458 and 34 of the Indian Penal Code.

As per the prosecution case, the mother of the

Patna High Court CR. MISC. No.54936 of 2021(3) dt.04-04-2022 2/3 informant was murdered. The informant states that the three named accused persons were involved in the murder, the cause of occurrence being earlier dispute relating to passage. Even on earlier occasion, the accused persons had abused and threatened her.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. From perusal of the FIR itself it would transpire that there is no eye witness to the occurrence. For an occurrence alleged to have taken place on 24.9.2020 the matter was reported to the police station on 24.9.2020 and the FIR registered on 25.9.2020. The The petitioners are in custody since 9.4.2021 and 12.11.2020 respectively. They have no criminal antecedent. It is lastly submitted that co-accused Binod Singh has been enlarged on bail vide order dated 16.8.2021 passed in Cr. Misc. no. 13762 of 2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation together with the petitioners having remained in custody for more than 10 months, not having any criminal antecedent and grant of bail to

Patna High Court CR. MISC. No.54936 of 2021(3) dt.04-04-2022 3/3 the similarly situated co-accused Binod Singh, the petitioners are directed to be enlarged on bail in connection with Saksohra P.S. Case no. 32 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Munsif-cum-J.M. 1st Class, Barh, Patna.

(Partha Sarthy, J) Spd/- U T