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Patna High CourtCR. MISC./49610/2019bail granted

Kanhai Singh @ Kanhaiya Singh v. The State Of Bihar

2019-08-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49610 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== KANHAI SINGH @ KANHAIYA SINGH, Son of Umesh Prasad Singh, Resident of Village - Pokharbhinda, Ward No. 07, P.S.- Sahiyara, DistrictSitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence under Sections 302,120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Murder of the brother of the informant was committed by causing firearm injury. Suspicion is that since the deceased was leader of the labour union, the owner of the sugar mill factory and its Manager conspired and the murder was result of conspiracy.

Submission is that the petitioner is not named in the FIR nor he is owner of the referred sugar mill. During investigation, some witnesses stated that the petitioner was seen

Patna High Court CR. MISC. No. 49610 of 2019(2) dt.09-08-2019 2/2 near the place from where dead body was found. Thereafter, the petitioner was arrested and his confessional statement has been recorded by the police. Petitioner is in custody since 11.01.2019. Investigation of the case is already complete. Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Riga P.S. Case No. 106 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) khushbu/- U T