Vilat Singh @ Bilat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9396 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Vilat Singh @ Bilat Singh Son of Late Lakhan Singh resident of Mohalla - Manikpur, P.S. Pandarak, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. Uday Chandra Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-04-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The wife of the deceased lodged the case and disclosed that she came to know on enquiry that Chintu Singh, Vishnu Kumar, Manjit Singh and Jai Singh killed her husband. It is submitted that the brother of the deceased was present at the time of institution of the case but he did not make any statement. Amarnath Singh, brother of the deceased, made statement under Section 164 of the Code of Criminal Procedure on 04.09.2014 and disclosed that the petitioner along with other accused persons was seen accompanying the deceased on the date of occurrence.

It appears that neither the informant nor Amarnath

Patna High Court Cr.Misc. No.9396 of 2015 (3) dt.01-04-2015 2/2 Singh, brother of the deceased, is an eye witness of the occurrence. Name of the petitioner figured in the case after two weeks of the occurrence, that too, in the statement of the brother of the deceased recorded under Section 164 Cr.P.C. and he simply stated that the petitioner was in the company of the deceased on the date of occurrence.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar IV, Judicial Magistrate, 1st Class, Patna City, District Patna in Gourichak P.S. Case No. 217/2014.

(Prabhat Kumar Jha, J) Dilip/- U T