Satyendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45317 of 2019 Arising Out of P.S. Case No.-17 Year-2019 Thana- PIRO District- Bhojpur ====================================================== Satyendra Singh, aged about 35 years, Male, Son of Jaleshwar Singh Resident of Village-Piro, Police Station-Piro, District-Bhojpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Piro P.S.Case No.17 of 2019 registered for an offence under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code. The prosecution case is based on the statement of the wife of the deceased late Mahendra Singh who happens to be a co-sharer of the petitioner. It is stated that the informant got an information in the afternoon of 13.01.2019 that her husband is lying in unconscious condition near the village. She went there along with the members of the family and took him to a government hospital where after some treatment, he was referred to Sadar Hospital, Ara but finding his serious condition, he was referred to PMCH but in the meantime, he died.
Patna High Court CR. MISC. No.45317 of 2019(3) dt.20-09-2019 2/3 Thereafter the dead body was taken for cremation and after the cremation, the present FIR was lodged on the next day on 14.01.2019 alleging that there was sign of injuries on the body of deceased and then allegations were made against all the accused persons including the petitioner.
It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no eye witness of the alleged occurrence. It is further submitted that similarly situated co-accused persons have already been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.23237 of 2019 vide order dated 23.07.2019. Save and except suspicion, there is nothing against this petitioner to connect the alleged offence. Petitioner is in custody since 24.03.2019.
In view of the aforesaid facts, 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 Chief Judicial Magistrate-Ist, Ara, Bhojpur in connection with Piro P.S.Case No.17 of 2019/G.R.No.193 of 2019 with following condition:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.45317 of 2019(3) dt.20-09-2019 3/3 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T