Bhutta Singh @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52860 of 2022 Arising Out of PS. Case No.-103 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Bhutta Singh @ Santosh Singh Son Of Late Lakhan Singh Resident Of Village- Begava, P.S. Chandradip, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case, in short, is that on 11.05.2018 the informant got a secret information that the co-accused Chandan Yadav had been running a business of brewery on his land and a dispute had taken place in the group regarding distribution of cash and co-accused Chandan Yadav along with others had killed the head of the group, namely, Naresh Yadav by fire arms

Patna High Court CR. MISC. No.52860 of 2022(2) dt.16-12-2022 2/3 and his dead body is lying down in the field of Garbhu Yadav. On such information, the informant along with other police personnel went there and found the dead body. The villagers disclosed that the accused persons including the petitioner have killed Naresh Yadav due to distribution of cash in the group. The police recovered one 315 bore live cartridge and a khokha from the place of occurrence.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.52860 of 2022(2) dt.16-12-2022 3/3 learned Additional Sessions Judge VIII, Nawada in connection with S.Tr. No.70 of 2022 arising out of Kauwakol (Rupau) P.S. case No.103 of 2018.

(Sudhir Singh, J) Narendra/- U T