Sandesh Singh @ Sandesh Singh Kushwaha @ Anil Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72391 of 2021 Arising Out of PS. Case No.-112 Year-2016 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Sandesh Singh @ Sandesh Singh Kushwaha @ Anil Kushwaha Son Of Late Subhag Singh R/O Village- Kaser, P.S.- Bhagwanpur, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 112 of 2016 lodged under Sections 364, 365, 120(B) of the I.P.C.

As per the prosecution case, the informant has alleged that his grand-father and grand-mother used to reside in a hut for the purpose of agriculture. It has been alleged that he received information from his aunt that one Lalan Singh visited to her house and informed that grand-father and grand-mother both are traceless since night. Thereafter, the informant reached in the agricultural field and found that grand-father and grand-

Patna High Court CR. MISC. No.72391 of 2021(4) dt.17-10-2022 2/2 mother were not there. Suspicion has been made against this petitioner that with whom land dispute is going on and it is the petitioner who has committed such act.

Learned counsel for the petitioner submits that he is innocent and has committed no offence. He further submits that petitioner is in custody since 24.12.2020. He further submits that there are 5 criminal antecedent of the petitioner and he is on bail in all cases except in one case. Learned counsel further submits that other co-accused persons have been granted bail by the Co-ordinate Bench of this Court, order annexed in Annexure-2.

Learned counsel for the State opposes the prayer for bail and submits that it is the petitioner against whom allegation made in the F.I.R. and subsequently, the dead body of the grandfather and grand-mother of the informant was recovered. On the specific query that whether charge has been framed in this case or not, it has been intimated that charge has not been framed. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at this stage but liberty is hereby granted to him to move for bail 6 months after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T