Sikandar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25667 of 2016 Arising out of PS.Case No. -138 Year- 2012 Thana -SAHKUND District- BHAGALPUR ====================================================== Sikandar Kumar Singh, Son of Sachida Nand Singh, resident of VillageKisanpur, P.S. Sahkund, District Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.04.2016 in connection with Shahkund P.S. Case No. 138/2012 for the offences instituted under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the informant's sister Suma Devi was shot dead. F.I.R. was registered on the basis of suspicion against two named accused and unknown also. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.04.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.25667 of 2016 (3) dt.11-08-2016 2/2 petitioner is not named in the FIR. In course of investigation, merely on the basis of suspicion he has been made accused in the present case. The other co-accused has been granted bail vide Annexure-2 to the present application.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned 7th A.D.J. Bhagalpur, in connection with Sessions Trial No. 194 of 2014 (arising out of Shahkund P.S. Case No. 138 of 2012). U.K./- (Sudhir Singh, J) U