Biru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26750 of 2016 Arising Out of PS.Case No. -374 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Biru Singh S/o Late Raj Kumar Singh, Resident of Vilage- Khalisha, P.S.- Udwantnagar, Dist- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the I.P.C. The prosecution story, in brief, is that on 21.10.2014 in the evening, the petitioner and co-accused Ram Kumar Das took away the husband of the informant to see the field and till next day her husband did not return back. Then she along with accused persons and villagers started to search and near liquor bhatti dead body of her husband was found. So she suspected that the petitioner and Ram Kumar Das along with some unknown persons committed murder of her husband.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.26750 of 2016 (3) dt.29-08-2016 2/2 the petitioner is in custody since 31.10.2014 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come in the F.I.R. on the basis of last seen. As per the confession of the petitioner, the deceased is said to have been assaulted by one Ashok Yadav. No overt act has been alleged against the petitioner. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Additional Sessions Judge VI, Bhojpur at Ara in connection with Sessions Trial No.185 of 2015 arising out of Udwantnagar P.S. case No.374 of 2014.

(Sudhir Singh, J) Narendra/- U T