Krishna Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72108 of 2022 Arising Out of PS. Case No.-953 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.
Krishna Kumar Singh Son Of Bharat Singh Resident Of Chamanpur Ward No.- 12, P.S.- Sahpur, District - Bhojpur 2.
Vikash Kumar Singh Son of Muneshwar Prasad Singh @ Munna Singh Resident of Nawratan Hata, P.S.- K. Hat, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023
1. Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners seek regular bail in connection with K. Hat (Sahayak) P.S. Case No 953 of 2022, dated 14.09.2022 registered for the offences punishable under Sections 363, 365 of the Indian Penal Code and later on Section 302/34 of the Indian Penal Code was added.
3. The main submissions advanced by petitioners' counsel are that the petitioners are not named in the FIR, there is no direct evidence against them, during investigation the dead body of the victim was recovered in decomposed condition and
Patna High Court CR. MISC. No.72108 of 2022(3) dt.28-04-2023 2/3 the prosecution is mainly relying upon the statement of this petitioner and even if the said statement is taken into account even then no allegation appears against the petitioners as according to said statement, the victim himself fell from the bridge during scuffling and at the time of that occurrence the petitioners and the victim were in inebriated condition and moreover, there was no reason or motive on the part of the petitioners to kill the victim. Further submission is that the petitioners have been languishing in jail since 18.09.2022 having fair and clean antecedent.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly petitioners' fair and clean antecedent and their custody period and also the fact that no strong motive appears on the part of the petitioners to kill the victim and there is no any direct evidence to show them killing the victim by pushing him from the bridge into a small pond, in my opinion it is a fit case for bail to the petitioners. Accordingly, let both the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with K. Hat
Patna High Court CR. MISC. No.72108 of 2022(3) dt.28-04-2023 3/3 (Sahayak) P.S. Case No 953 of 2022.
(Shailendra Singh, J.) maynaz/- U T