Dharmendra Kumar Singh @ Monu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1313 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- SAHAJITPUR District- Saran ====================================================== Dharmendra Kumar Singh @ Monu Kumar Singh Son of Dudhnath Singh R/o vill - Bangali Patti, P.s. - Sahajitpur, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahajitpur P.S. Case no. 107 of 2023 registered under sections 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the seven named accused persons including the petitioner herein as also 5-6 unknown accused persons called his 26 years old son and took him away. Two days later information was received about his son having been killed. It is submitted that subsequently the dead body of his son was found buried in the earth.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating material has transpired in course of investigation

Patna High Court CR. MISC. No.1313 of 2024(3) dt.21-03-2024 2/2 to connect the petitioner with the alleged crime. There is no eyewitness to the occurrence and the prosecution is mainly relying on the confessional statement of the petitioner not leading to any recovery. The petitioner is in custody since 14.8.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation, the petitioner not having any criminal antecedent, his being in custody for 7 months since 14.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sahajitpur P.S. Case no. 107 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Saran at Chapra.

(Partha Sarthy, J) Harsh/- U T