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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53227 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- TANDWA District- Aurangabad ====================================================== SHAILENDRA SINGH @ SHAILENDRA KUMAR SINGH son of Late Ramdeo Singh Village- Barouli Ps- Hussainabad Dist- Palamu ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP For the Informant :

Ms. Mukul Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 28.05.2023, in connection with Tandwa P.S. Case No. 52 of 2023, F.I.R. dated 28.04.2023 for the offences punishable under Sections 302 of the Indian Penal Code.

3. According to prosecution case, the informant has alleged that his brother Rahul Kumar Singh (deceased) on 27.04.2023 left his house and did not came back and later he was informed that his brother's dead body was recovered by the police.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.53227 of 2023(3) dt.25-09-2023 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR, and there is no eye-witness of the occurrence and merely on the basis of suspicion and the dead body was found from the land in question of which the petitioner is the owner. Learned counsel for the petitioner further submits that the cause of death is due to electrocution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 28.05.2023.

5. The learned Additional Public Prosecutor for the State as well as learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner on the ground that the dead body of the deceased was recovered from the land of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned C.J.M., Aurangabad in connection with Tandwa P.S. Case No. 52 of 2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.53227 of 2023(3) dt.25-09-2023 3/3 shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Adnan/- U T