Chhotu Singh @ Badal Kumar Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29650 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Chhotu Singh @ Badal Kumar Singh S/o Anirudh Singh

2. Muni Singh @ Amresh Singh S/o Anirudh Singh Both resident of village- Gamail, Makari Tola Ward No. 11 P.S. Bihariganj, DistrictMadhepura. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Rina Sinha(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-10-2015 It is submitted on behalf of the petitioners that petitioner No.2, namely, Muni Singh @ Amresh Singh, has been taken into custody and thus his application has become infructuous. The application on behalf of petitioner No.2 is dismissed as infructuous.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kumarkhand P.S.Case No. 193 of 2014 registered under Sections 302, 201 and 34 of the Indian Penal Code. A supplementary affidavit has been filed, which is kept on the record.

Learned counsel for the petitioner submits that so far as

Patna High Court Cr.Misc. No.29650 of 2015 (4) dt.13-10-2015 petitioner Chhotu Singh @ Badal Kumar Singh is concerned, there is no specific allegation against him save and except that he is the brother of the main accused Ranvir Singh @ Lala Singh. It has also come on the record that Lala Singh is having illicit relation with the deceased and out of the same illicit relationship she has conceived.

Considering the aforementioned facts and circumstances and that there is no specific allegation made against the petitioner and save and except that he is the brother of the main accused in the present case and further that he has no criminal antecedent, let the petitioner, namely, Chhotu Singh @ Badal Kumar Singh, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Kumarkhand P.S.Case No. 193 of 2014 to the satisfaction of the Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U