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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62400 of 2021 Arising Out of PS. Case No.-12 Year-2014 Thana- PHENHARA District- East Champaran ====================================================== BINOD SINGH @ BINOD KUMAR SINGH S/o Thagan Singh R/o villageGopalpur, P.S.- Madhuban, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr. Md. Anwajarul Haq Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in a case registered for the offences under Section 302/34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 09.08.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that his son is owner of a chimney, further on 07.03.2014, the informant was informed by a labour that firing was done at the chimney and when he reached the place of occurrence, he found Guard is an injured condition, further few days back, his son has received extortion call in the name of Azad Hind. It is next alleged that Guard died while on way to hospital. The learned counsel submits that the petitioner is innocent and has been falsely implicated in the present case based

Patna High Court CR. MISC. No.62400 of 2021(2) dt.23-03-2022 2/2 on confession statement of Guddu Kumar and Sheo Shankar. The learned counsel further submits that Guddu and Sheo Shankar, in whose confession statement the name of the petitioner transpired have been granted bail by order dated 24.07.2015 in Cr. Misc. No. 25795 of 2015 (Guddu Kr. vs. State of Bihar and order dated 04.08.2015 in Cr. Misc. No. 276511 of 2015 (Sheo Shankar Singh Vs. State of Bihar).

The learned A.P.P. vehemently opposes the bail application.

Considering the fact petitioner is in custody since 09.08.2021, he is a person with clean antecedent, charge-sheet has been submitted and accused in whose confessional statement his name has been transpired, has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Phenhara P.S. Case No. 12 of 2014.

The application stands allowed.

sanjeev/- (Satyavrat Verma, J) U T