Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33173 of 2018 Arising Out of PS. Case No.-74 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== Murari Singh, son of Late Harishankar Singh, Resident of Village - Chhoti Eghu, P.S. - Muffassil, District - Begusarai. ... ... Petitioner.

Versus

The State of Bihar.

... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Malay Kumar Choudhary, Advocate.

For the State :

Mr. A.M.P. Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2018 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Matihani P.S. Case No.74 of 2015 registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

The accusation of the informant Veena Mishra is that her son Vibhore Jha along with his friend Sanjay Singh alias Bhukho Singh was sitting at her door at about 10.00 A.M. on 07.05.2015. At that time, Vikky Mishra, having criminal antecedent, came and accompanied them but both did not return. In course of search, on 11.05.2015, their dead bodies were

Patna High Court Cr.Misc. No.33173 of 2018(4) dt.02-08-2018 2/3 found, floating in the water. The informant further alleged that, in course of search, she came to know that Vikky Mishra along with his seven associates including the petitioner shot fire at her son Vibhore Jha and his friend Sanjay Singh alias Bhukho Singh and threw their dead bodies.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the son of the informant and his friend was accompanied by Vikky Mishra and their dead bodies were recovered after four days. Thereafter, F.I.R. was lodged, raising suspicion having hand of the petitioner and seven others to shot fire at her son and his friend. Further submission is that Vikky Mishra vide order dated 09.05.2018 passed in Criminal Misc. No.18449 of 2018 and Raju Jha vide order dated 18.07.2018 passed in Criminal Misc. No.30308 of 2018 have already been granted bail by different Benches of this Court. The petitioner is in custody since 02.02.2018 and, on investigation, chargesheet has already been submitted.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.33173 of 2018(4) dt.02-08-2018 3/3 satisfaction of the Additional Sessions Judge-VI. Begusarai, in connection with Matihani P.S. Case No.74 of 2015. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T