Baidyanath Singh @ Baijnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74344 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- AMDABAD District- Katihar ====================================================== 1.

BAIDYANATH SINGH @ BAIJNATH SINGH Son of Ritlal Singh @ Ritlal Choudhary Resident of Village-Ghisutola, Tingharia, Chowk Chamma, P.S-Amdabad, District-Katihar.

2.

Patthal Singh Son of Dinesh Singh @ Dinesh Choudhary Resident of Village-Ghisutola, Tingharia, Chowk Chamma, P.S-Amdabad, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 364, 379, 201/34 but charge-sheet has been submitted under sections 302, 201, 120B and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons assaulted the elder brother of the informant due to which he received injury and later succumbed to the injury. It has been submitted on behalf of the petitioners that the petitioners are in custody since 27.7.2019 and have got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.74344 of 2019(5) dt.05-03-2020 2/2 witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. It is a case of last seen. After two days, the dead body of the deceased was recovered. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri D. Singh, Judicial Magistrate, 1st Class, Katihar in connection with Amdabad P.S. Case No. 21 of 2019.

(Sudhir Singh, J) Pankaj/- U T