Guddu Singh @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38816 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -PIPRAHI District- SHEOHAR ====================================================== Guddu Singh @ Neeraj Kumar S/o Late Braj Kishore Singh R/o VillageDhankaul, P.S.- Piprahi, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Piprahi P.S. Case No. 53 of 2018 for offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that a dead body was found near the PAX Godown and the petitioner was trying to conceal the dead body who revealed that the said dead body was of Anuradha Devi who was killed by her husband and son who has himself in his confessional statement stated that his mother Anuradha Devi was a lady of bad character and was trying to eliminate his father and was killed by

Patna High Court Cr.Misc. No.38816 of 2018 (2) dt.10-07-2018 2/3 the father and the son.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. Petitioner was just disposing of the dead body at the behest of his nephew Prem Pushp which has come in the confessional statement of Prem Pushp who has narrated his and his father's involvement of killing Anuradha Devi. He submits that the petitioner being elder brother of the said father of Prem Pushp and has separate home and hearth, was not involved in the said killing, as such, Section 302 I.P.C. is not made out against him. He further submits that he has no criminal antecedent and is languishing in judicial custody since 02.05.2018. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 53 of 2018, subject to the conditions that: (1) One of the bailors would be a close

Patna High Court Cr.Misc. No.38816 of 2018 (2) dt.10-07-2018 3/3 relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T