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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59190 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Arvind Singh @ Arvind Kumar Singh S/o Late Parshuram Singh, R/o Village- Matihani Nain, Dakhin Patti, P.S.- Mirganj, Distt.- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Siwan Town P.S. Case No. 421 of 2017 dated 10.08.2017 which was initially instituted for the offence under Section 365 of the Indian Penal Code but later Sections 364A, 302, 201/34 of the Indian Penal Code were also added.

The son of the informant went missing. Later his dead body was recovered. During the course of investigation, two persons are said to have been arrested initially viz. Dhananjay Prasad @ Bhajju and Raj Kishore Singh. Dhananjay Prasad @ Bhajju has attributed the act of killing to one Prabhunath Sahani and Basanti Devi and it was confessed by aforesaid Dhananjay Prasad @ Bhajju that the dead body was thrown by the side of the road. Raj Kishore Singh, one of the accused, confessed before the

Patna High Court Cr.Misc. No.59190 of 2017 (3) dt.10-01-2018 police, whose confession is recorded in paragraph-102 of the case diary, that the vehicle of the petitioner was used for committing the crime. Another co-accused viz. Dipu whose statement has been recorded in paragraph 104 of the case diary has also stated that the vehicle of the petitioner had been used in the crime. The petitioner was interrogated by the police whereupon he made a statement that without his knowledge that the offence would be committed by his vehicle, he had given his vehicle to Dipu for being used for reaching his sister-in-law to hospital for treatment. Similar statement has been made by the petitioner under Section 164 Cr.P.C., which statement has been brought on record as Annexure -2 to the petition.

The petitioner does not have any criminal antecedent and is in custody since 21.08.2017.

For the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Siwan in connection with Siwan Town P.S. Case No. 421 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T