Patna High CourtCR. MISC./26859/2016bail granted

Anup Singh v. The State Of Bihar

2016-07-13Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26859 of 2016 Arising Out of PS.Case No. -197 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== Anup Singh, S/o- Late Baleshwar Singh, Resident of village- Kochgaon, P.S- Warisaliganj, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Sri Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2016 Heard Sri Devendra Prasad Singh, learned counsel for the petitioner, Sri Madan Kumar, learned Addl. Public Prosecutor as well as Sri Ashutosh Ranjan Pandey, learned counsel, who has voluntarily appeared on behalf of the informant The sole petitioner, who is in custody in Warisaliganj P.S. Case no.197/2015 registered for the offence under Section 302/34 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that of course in the F.I.R. there is accusation that the petitioner along with other two persons had done to death father of the informant by strangulation, in the postmortem report, no definite finding has been recorded regarding cause of death.

Patna High Court Cr.Misc. No.26859 of 2016 (2) dt.13-07-2016 2/2 Learned counsel for the petitioner has referred to Annexure-2 to the petition i.e. photo copy of Postmortem Report. Learned Addl. Public Prosecutor and Sri Ashutosh Ranjan Pandey have vehemently opposed the prayer for bail of the petitioner. It was submitted by Sri Pandey, learned counsel for the informant that the petitioner has been specifically named as accused in the F.I.R. with allegation of causing death to the father of the informant. However, he is not in a position to dispute the fact that the postmortem report does not support the prosecution case.

In view of facts and circumstances, let the petitioner, namely, Anup Singh 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 learned Sub Divisional Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case no.197/2015.

(Rakesh Kumar, J) NKS/- U