Abhinandan Singh @ Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78293 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

Abhinandan Singh @ Abhinandan Kumar Son Of Radha Krishna Singh R/O Vill - Shivnagar, P.S. - Riga, Distt. - Sitamarhi 2.

Abhishek Singh @ Abhishek Kumar Son Of Radha Krishna Singh R/O Vill - Shivnagar, P.S. - Riga, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 306, 120(b)/34 of the Indian Penal Code. After completing the investigation, charge-sheet has been submitted u/s 306/34 of the Indian Penal Code.

Prosecution case in nutshell is that informant's son, namely, Rama Shankar Singh (now deceased) had given Rs. 6,00,000/- to his brothers-in-law (petitioners). It is further alleged that informant's son went to his sasural for

Patna High Court CR. MISC. No.78293 of 2023(3) dt.29-02-2024 2/3 demanding his money but did not return. Informant got a messaged from the petitioner NO. 1, namely, Abhinandan Singh that his son had died by hanging himself from a tree. Informant has raised a suspicion that petitioners along with his family members, with an intention to grab his money, have killed his son or compel him to commit suicide It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither there is any direct evidence against the petitioners nor there is any eye witness of the alleged offence. It is further submitted that deceased was issueless and his younger brother, namely, Chunchun Singh wanted to grab his share.

Due to this reason, he was in depression and someone has kept the suicide note in the pocket of deceased with malicious intention to drag the petitioners and his family members in the present case. Moreover, the petitioners are languishing in judicial custody since 15.06.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.78293 of 2023(3) dt.29-02-2024 3/3 In contra, learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that suicide note of the deceased is annexed with the written application of the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Punaura P.S. Case No. 145 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Nirajkrs/- U T