Shivji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46774 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Shivji Singh S/o Late Gauri Shankar Singh, resident of Village- Milki (Manpur), P.S.- Bikram Ganj, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kiran Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bikramgabj P.S.Case No.142 of 2017 registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused persons is of taking away the son of the informant on the pretext to see dance and thereafter he did not return and when the informant went to enquire about the same from the petitioner, they closed the door and thereafter on pressure of the villagers, Umesh Singh confessed that he has committed murder of the son of the informant and dumped the dead body in the well which has been recovered later on from the well.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and no body had seen the deceased going along with the petitioner and the petitioner is in custody for about 4 1⁄2 months. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the witnesses have seen the deceased going along with the petitioner and thereafter the dead body has been recovered on confession of Umesh Singh before the villagers. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj, Rohtas at Sasaram in connection with Bikramganj P.S.Case no.142 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond

shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T