Abhay Singh @ Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48108 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== Abhay Singh @ Abhay Kumar Singh Son of Ram Bahadur Singh Resident of Village - Bhaluahin, P.S. and District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vindhya Keshari Kumar, Sr. Advocate Ms. Sanjana, Advocate For the Informant :

Mr. Ashhar Mustafa, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-09-2019 A supplementary affidavit has been filed during the course of the day. Let it be taken on record. Heard the learned counsel for the parties.

The petitioner seeks bail in connection with Sheohar P. S. Case No. 47 of 2019 dated 05.03.2019 instituted for the offences under Sections 302, 201 and 120B of the Indian Penal Code.

The petitioner and one Anil Singh are said to have taken away the deceased / Amresh Kumar Singh (brother of the informant) to some unknown destination, whereafter the brother of the informant never returned. Later, his dead-

Patna High Court CR. MISC. No.48108 of 2019(3) dt.25-09-2019 2/3 body was recovered.

Mr. Vindhya Keshari Kumar, learned senior Advocate for the petitioner submits that assuming the allegations levelled in the F.I.R. to be ex-facie true, the only material against the petitioner is of his having been seen last with the deceased.

This ground with such facts does not appeal to this Court as there is strong suspicion against him and the petitioner is under an obligation to tell the investigating agency as to at what point of time did he leave the deceased or what happened to the deceased.

However, the learned senior counsel has drawn the attention of this Court to an order dated 16.07.2019 passed by a Bench of this Court in Cr. Misc. No. 43730 of 2019, whereby the co-accused / Anil Singh with exactly similar allegation has been granted bail, taking into account the fact that the only material against him is of last seen and his period of custody, which is from 15.04.2019.

The petitioner in the present case also is in custody since 15.04.2019 and is an accused of one case only in

Patna High Court CR. MISC. No.48108 of 2019(3) dt.25-09-2019 3/3 which he has been granted bail.

On parity of reasoning, this petition is allowed. The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sheohar, District - Sheohar in connection with Sheohar P. S. Case No. 47 of 2019.

(Ashutosh Kumar, J) skm/- U