Nand Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62223 of 2023 Arising Out of PS. Case No.-431 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== 1.
NAND KISHOR SINGH SON OF LATE AMARDEO SINGH RESIDENT OF VILLAGE - PRAKASH NAGAR WARD NO.13, POLICE STATION - SHIKARPUR, DISTRICT - WEST CHAMPARAN 2.
AVINASH KUMAR SINGH SON OF NAND KISHORE SINGH RESIDENT OF VILLAGE - PRAKASH NAGAR WARD NO.13, POLICE STATION - SHIKARPUR, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Sikarpur P.S. Case no. 431 of 2023 registered under sections 302 and 341 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his son was taken away by the two petitioners herein. He subsequently learnt that his son was done to death by these two persons.
4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. There is no eye witness to the occurrence. The cause of
Patna High Court CR. MISC. No.62223 of 2023(3) dt.06-12-2023 2/2 false implication is differences between the parties as they are neighbours. The material that has transpired in paragraph nos. 32 to 35 of the case diary, at best the case against the petitioner is one of last seen and the statement are also at variance to each other. The petitioners are in custody since 24.5.2023 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation including those in paragraph nos. 32 to 35 of the case diary, the petitioners being in custody since 24.5.2023 and chargesheet having been submitted in the case, the Court directs the petitioners to be enlarged on bail in connection with Sikarpur P.S. Case no. 431 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District-West Champaran. (Partha Sarthy, J) Bibhash U T