Patna High CourtCR. MISC./65045/2023bail granted

Suman Kumar Singh @ Malkhan Singh v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65045 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== SUMAN KUMAR SINGH @ MALKHAN SINGH S/o- TAPESHWAR PRASAD SINGH Village- Neur Ps- Andhramath Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Andhramath P.S. Case No. 95 of 2023 dated 25.06.2023 registered for the offences punishable u/ss 302 and 201 of the Indian Penal Code.

3. As per the prosecution case, a dead body was found on the road in the village of Nemua which was identified as Vikash Sah.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.65045 of 2023(2) dt.12-10-2023 2/3 co-accused, Manoj Sharma. There is no eye witness to the alleged occurrence. The petitioner is accused in eight other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 95 of 2023 with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

Patna High Court CR. MISC. No.65045 of 2023(2) dt.12-10-2023 3/3 (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T