Bidya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.346 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== Bidya Singh s/o late Ramdhari Singh r/o village chand Pati, PS Mirganj, district Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner, who is in custody, seeks bail in connection with Session Trial No. 342 of 2018 arising out of Mirganj P.S. Case No. 25 of 2018 registered for the offence punishable under Sections 363, 365 of the Indian Penal Code and subsequently added 302, 201 and 34 of the Indian Penal Code.

Informant has alleged in his written complaint that his nephew had gone with co-accused Suresh Sah and Suresh Sah returned to the house but his nephew did not return. Later on his dead body was found.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Suresh Sah, who has already been granted bail by this Hon'ble Court in Cr. Misc. No. 41692 of 2018. The doctor has opined the cause

Patna High Court Cr.Misc. No.346 of 2019(3) dt.28-01-2019 2/2 of death due to asphyxia as a result of throttling and smothering. Petitioner has no criminal antecedent and he is in custody since 14.03.2018.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 5th, Gopalganj, in connection with Session Trial No. 342 of 2018 arising out of Mirganj P.S. Case No. 25 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

veena/- (S. Kumar, J) U T