Kari Singh @ Karelal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54926 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================
1. Kari Singh @ Karelal Singh son of Bhasho Singh Resident of Village - Paspura, P.S. - Muffasil, District - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2017 Heard both sides.
The petitioner seeks bail in Matihani P.S. case No. 74 of 2015, corresponding to Sessions Trial No. 441 of 2016, under Section 302/34, 120B, 201/34 of the Indian Penal Code and under Section 27 of the Arms Act.
The mother of the deceased alleged that while her son, Bibhor Jha, along with his friend, Sanjay Singh @ Bhukhi Singh, was sitting at her door, Vicky Mishra came and took her son and his friend, Sanjay Singh. Later on, the informant came to know that Vicky Mishra, Murari Singh, nephew of Murari Singh Suraj Singh, Sanjay Jha, Binod Jha, Rahul Kumar Jha, Balram Singh, Raju Jha and two unknown persons killed her son and his friend, Sanjay Singh @ Bhukhi Singh.
The learned counsel for the petitioner submits that petitioner is not named in the FIR. There is no material against the
Patna High Court Cr.Misc. No.54926 of 2016 (5) dt.27-04-2017 2/2 petitioner to show his involvement in the case, save and except the fact that Vicky Mishra, who is named accused, in his confessional statement in paragraph 62 of case diary, disclosed that petitioner also participated in killing of Bibhor Jha and Sanjay Singh. The learned Additional Public Prosecutor did not dispute this fact.
It appears that save and except confession of Vicky Mishra, who is named in the FIR, there is no material to show the involvement of the petitioner in the alleged killing of son of the informant and his friend, Sanjay Singh.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Additional Sessions Judge-VI, Begusarai in Sessions Trial No. 441 of 2016, arising out of Matihani P.S. Case No. 74 of 2015.
(Prabhat Kumar Jha, J) BKS/- U T