Jalendhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29005 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -BIKRAM District- PATNA ====================================================== Jalendhar Singh Son of Late Deepan Singh, Resident of Village- Bery, Police station- Bikram, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjesh Kumar Singh, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 01.12.2016 in connection with Bikram P.S. Case No. 204 of 2016 registered for the offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his father Shambhu @ Deo Prasad Singh had gone to sell milk, but did not return in the night. The next day his dead body was found near Devi Asthan, who had been killed by gun shot. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.29005 of 2017 (3) dt.04-08-2017 2/3 petitioner that he is innocent, bears no criminal history, is a student aged 17 years and has been falsely implicated only on the ground of suspicion. He submits that First Information Report has been lodged against unknown and in the restatement, the informant has named him, which is afterthought. He further submits that he is languishing in judicial custody for more than six months and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that a day before, petitioner and co-villager had some dispute regarding a mobile with the deceased and had threatened him with dire consequences, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri R.N. Singh, learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Bikram P.S. Case No. 204 of 2016, subject to the condition that both the bailors would be close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S.

Patna High Court Cr.Misc. No.29005 of 2017 (3) dt.04-08-2017 3/3 file individual affidavit stating their relationship with the petitioner and that petitioner will appear before the learned Court below as and when required and failure to appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T