Sudhir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61787 of 2024 Arising Out of PS. Case No.-752 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sudhir Singh Son of Late Ramkkripal Singh @ Ramkripal Singh VillNadiyama, P.S-Ramgarh Chowk, Dist-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Binay Kumar, Advocate For the State :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. As per prosecution case, on 28.9.2023, informant received an information that his younger brother, namely Subodh Singh, has died at Sadar Hospital, Lakhisarai and when the informant reached the hospital, he found severe injuries on the body of his brother and hence, F.I.R. was lodged against unknown.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R.. Name of petitioner has transpired in this case during course of investigation, on the basis of confessional statement of one
Patna High Court CR. MISC. No.61787 of 2024(2) dt.27-09-2024 2/3 tempo driver, namely Vandan Kumar, who stated that on information by the village Sarpanch, he reached at the house of Subodh Singh, where he heard that this petitioner, along with other accused persons, committed murder of the deceased. It is next submitted that the driver has not disclosed the source of information and this petitioner has been made accused only on suspicion. There is no other material available on record to show complicity of this petitioner in the alleged occurrence. Similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 09.07.2024 passed in Cr. Misc. No. 16594 of 2024. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on
Patna High Court CR. MISC. No.61787 of 2024(2) dt.27-09-2024 3/3 furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Lakhisarai, in connection with Lakhisarai (Ramgarh Chowk) P. S. Case No. 752 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T