Kaushal Singh @ Kaushal Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65184 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1 .
Kaushal Singh @ Kaushal Kishore Singh Son of Late Lalan Singh R/O -Vill- Madho Pur, P.S.- Majhaulia, Dist.- West Champaran 2.
Awadh Singh @ Awadh Kishore Singh Son of Late Bijli Singh R/O -VillMadho Pur, P.S.- Majhaulia, Dist.- West Champaran 3 .
Bhushan Singh Son of Late Hira Singh R/O -Vill- Madho Pur, P.S.- Majhaulia, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad , APP For informant :
Mr. Sachidanand Rai , Advocate Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend his arrest in connection with Majhauliya P.S. Case No. 206 of 2023 registered under Sections 302, 201 and 34 of the Indian Penal Code .
3 . The prosecution case , in brief, is that on the alleged date and time of occurrence , all the accused persons have committed murder of father of informant by serving meal mixed with poison . The said dead body of father of informant was lying towards south of GWASH of the petitioners.
Patna High Court CR. MISC. No.65184 of 2024(4) dt.24-03-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that it is a case of circumstantial evidence . Informant is not an eye witness to the alleged occurrence . only Only suspicion has been raised against these petitioners. Further submission is that petitioner has no concern with the alleged occurrence nor with the co-accused, nor any incriminating article has been recovered from the spot to connect the petitioner with the alleged occurrence . As a matter of fact, father of informant was habitual drinker and died due to consumption of spurious liquor. Petitioners claim clean antecedent. Similarly situated co-accused person has already granted bail by this Court vide order dated 08.01.2025 in Cr. Misc. No. 60889 of 2024 .
5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for bail of these petitioners.
6. Having considered the facts and circumstances of the case as well as the material available on record, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.65184 of 2024(4) dt.24-03-2025 3/3 Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 206 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C . (Prabhat Kumar Singh, J) Koushik/- U T