Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79864 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- PARAIYA District- Gaya ====================================================== AWADHESH SINGH, aged about 31 years, Male, Son of Lakhan Singh @ Ram Lakhan Singh, Resident of Village - Chhakan Bigha, P.S.- Paraiya, and Distt.- Gaya ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 71 of 2019, registered under Section 302/34 of the Indian Penal Code.

The accusation is that in the morning of 15.05.2019, informant, Raja Singh, received information on mobile from his nephew, Venkatesh Kumar @ Guddu, about murder of his uncle, Raj Kumar Singh, thereafter, informant, along with his cousin, Sunil Kumar Singh, went in the village and came to know that Raj Kumar Singh (deceased) had gone to attend Tilak function at the house of Ram Vilas Mahto where after some time due to delay in Tilak function, Raj Kumar Singh moved with a plate with some materials. When villager, Ramswarath Singh, going to attend the call of nature saw Raj Kumar Singh with Shiv

Patna High Court CR. MISC. No.79864 of 2019(3) dt.14-01-2020 2/2 Kumar Singh, Dhirendra Singh and Awadhesh Singh (petitioner). Later on the dead body of Raj Kumar Singh was fouind.

Submission is that it would appear from the first information report that none had seen occurrence, but, petitioner and some others named in the first information report have been implicated in this case because of their presence with Raj Kumar Singh at short distance of Tilak function in the night. The petitioner is in custody since 17.05.2019 and on investigation the police has already submitted the charge sheet. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Paraiya P.S. Case No. 71 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, III, Gaya.

(Rajendra Kumar Mishra, J) Shamshad/- U T