Patna High CourtCR. MISC./47126/2017bail granted

Balmukund Singh And ANR v. The State Of Bihar

2018-01-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47126 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Balmukund Singh, son of Atma Singh @ Atma Nand Singh

2. Abodh Singh, Son of Atma Singh @ Atma Nand Singh Both are Resident of Village- Gafakhurd, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bodh Gaya P.S. Case No. 102 of 2017 disclosing offences under Sections 302, 201/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners have been implicated maliciously by the informant, the widow of the deceased. The informant and the deceased were not compatible with each other, he submits that the petitioners are full brother of the deceased. He contends that it is a case of suicide as it is revealed from the materials collected during the course of investigation.

Patna High Court Cr.Misc. No.47126 of 2017 (3) dt.04-01-2018 2/2 Learned APP appearing on behalf of the State has failed to point out any material collected during the course of investigation, showing implication of these petitioners. Considering the submission, this application is allowed.

Let the petitioners, above named, in the event of their arrest of surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 102 of 2017 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) sushma/- U T