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Patna High CourtCR. MISC./78922/2018bail granted

Umesh Singh v. The State Of Bihar

2019-01-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78922 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- CHAND District- Bhabhua (Kaimur) ====================================================== Umesh Singh S/o Late Nabab Singh R/vill-Bharari Kala, P.S-Chand,Distt.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Chand P.S. Case No. 128/2018, instituted for offence under Section(s) 302/34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence in night son of informant was sleeping near him on separate Khat. When the informant woke up for passing urine, he did not find his son. The informant learnt next morning that dead body of his son was lying outside the village about 1 Km. away. The informant raised suspicion against this petitioner and other accused persons who had given threat of dire consequences to his son.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.78922 of 2018(2) dt.16-01-2019 2/2 besides suspicion there is no allegation of specific overt act against this petitioner.

From the written report itself, it appears that besides suspicion there is no allegation of specific overt act against this petitioner.

Petitioner is in custody since 07.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let 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 the learned Additional Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Chand P.S. Case No. 128/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T