Vidyanand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70439 of 2018 Arising Out of PS. Case No.-88 Year-2017 Thana- TIKAPATTI District- Purnia ====================================================== Vidyanand Singh son of Late Kailash Singh, resident of Village- Sapaha, P.S.- Tikapatti, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Ranjan For the Opposite Party/s :
Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Tikapatti P.S. Case No. 88 of 2017 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Informant has alleged that on 16.06.2017 at about 7.30 p.m., 16 accused persons including the petitioner came at the door of the informant. Some of the accused persons entered in the room of the father of the informant and took him along with them by saying that they will hold meeting for election. On the next day, informant saw the dead body of his father. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to dirty village politics. It has further been submitted that informant is not the eye witnesses of alleged occurrence. It has
Patna High Court Cr.Misc. No.70439 of 2018(3) dt.19-12-2018 2/3 further been submitted that informant's father was a man of bad character and he had illicit relation and that was the reason of his killing, and his dead body was thrown behind the house of one Yogendra Prasad Singh and, as such, the petitioner has nothing to do with the alleged occurrence.
Counsel for the informant has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Tikapatti P.S. Case No. 88 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court Cr.Misc. No.70439 of 2018(3) dt.19-12-2018 3/3 However, the trial court is directed to conclude the trial within six months.
(S. Kumar, J) Sanjay/- U T