Sadhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58810 of 2021 Arising Out of PS. Case No.-340 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== 1.
Sadhu Singh 2.
Arjun Singh Both sons of Raghu Singh Resident of Village- Teera, P.S.- Harnaut, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.
The petitioner is in judicial custody in connection with Harnaut (Chero) P.S. Case No.340 of 2020 under Sections 302, 201/34 of the Indian Penal Code.
As per the prosecution story, the nephew of the informant was taken away by accused Sadhu Singh and Arjun Singh and when he failed to return, search was made and ultimately after couple of days, the dead body was found in a well. The informant as such alleged that the accused persons conspired and killed him.
Learned counsel for the petitioner submits that they have been wrongly implicated in the case on unsubstantiated suspicion and he further submits that he does not carry any criminal antecedent and is in jail since 30.01.2021. He further brings to this Court's notice a bail order of co-ordinate bench of this Court vide Cr. Misc. No.14009 of 2021 disposed of on 05.08.2021, by which accused Bade Singh was granted bail.
Patna High Court CR. MISC. No.58810 of 2021(2) dt.12-04-2022 2/2 Taking into account the aforesaid facts as also the fact that charge sheet has already been submitted in the matter and he is in jail since 30.01.2021, let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each in connection with Harnaut (Chero) P.S. Case No.340 of 2020 to the satisfaction of learned Additional Sessions Judge, IIIrd, Nalanda at Biharsharif , subject to following conditions: (i) the Trial court shall satisfy itself on the criminal antecedent of the petitioner herein while releasing him on bail; (ii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself.
With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T