Amarjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5048 of 2021 Arising Out of PS. Case No.-29 Year-2019 Thana- JIRADEI District- Siwan ====================================================== Amarjeet Singh aged about 37 years, Male, Son of Bharat Singh Resident of Village - Jiradeyi, P.S.- Jitadeyi, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Anupam For the Opposite Party/s :
Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.
05-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in S.T. No. 135 of 2020, arising out of Zijadeyi P.S. Case No. 29 of 2019, registered for the offence under Sections 406, 328, 302, 120B, 34 of the Indian Penal Code.
As per the prosecution case, on 24.03.2019 at 4 o'clock (evening), the deceased (husband of informant) went with co-accused Rakesh to the house of Amit for fulfillment of his due amount, but he did not return and thereafter, on 25.03.2019 at about 10:30 AM, it is alleged that co-accused Vidya Singh brought the deceased in unconscious stage at the house of informant and later on, during course of treatment, he died. The informant raised suspicion against petitioner and other
Patna High Court CR. MISC. No.5048 of 2021(4) dt.05-07-2021 2/3 FIR named accused persons of committing the murder of deceased by giving him some obnoxious material. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. Petitioner is neither seller nor purchaser or broker of the land in question. As per FIR, this petitioner neither called the deceased from house nor brought at the house of informant. Petitioner has been made accused in this case only on suspicion. During trial, all the witnesses, who have been examined including the informant, have not whispered anything against this petitioner. Petitioner claims clean antecedent and he is in custody since 20.03.2020. Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts & circumstances and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge 5th, Siwan in connection with S.T. No. 135 of 2020, arising out of Ziradeyi P.S. Case No. 29 of 2019, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and
Patna High Court CR. MISC. No.5048 of 2021(4) dt.05-07-2021 3/3 every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T