Kari Singh @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74625 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Kari Singh @ Kariya S/o Madan Singh @ Banko Singh, Resident of - Ward No. 28, Tola Imrahimpur, Nagar Parishad, Bihat, P.S.- Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking bail in connection with Barauni P.S. Case No.266 of 2019 registered for offence punishable under sections 302/120(B)/34 of the Indian Penal Code.

As per allegation, on the fateful day, Abhinit Kumar @ Hapo and Ringkesh gave call on the mobile of informant's son whereupon the informant's son started moving and by that time, Ringkesh was outside his house along with bike and the victim sat on the said bike along with two persons, namely, Abhinit Kumar @ Hopo and Ringkesh. On another bike, Kari Singh @ Kariya (the present petitioner) and Ranjeet Kumar Jha were

Patna High Court CR. MISC. No.74625 of 2019(3) dt.18-12-2019 2/3 there, they all went away from there. At 9 O'clock, the daughter of informant called to the victim who replied that he is coming. When he did not return and they gave call which could not be materialised. In the next morning, dead body of the victim/deceased was found lying near Railway Colony Middle School and on that basis, the petitioner has been made an accused. In the confessional statement. Abhinit Kumar @ Hopa has given details of fact that he gave call to the victim that they are going to celebrate/observe a birth day party and on that pretext, the victim was called and later on, all the persons assaulted and killed the victim by hard and blunt substance. In paragraph 68 of the case diary, the tower location of mobile shows that the victim was along with Ringkesh @ Ritesh and Abhinit Kumar. The police did not find the tower location of mobile of the present petitioner around of the area where the victim has been found dead. The petitioner is in custody since 02.07.2019, having clean antecedent.

Looking to the facts and circumstance of the case, the petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.266 of 2019, subject to

Patna High Court CR. MISC. No.74625 of 2019(3) dt.18-12-2019 3/3 the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T