Allowed

Deepak Singh @ Deepak Kumar Singh and Anr. v. The State Of Bihar

Patna HC2 Sept 2015CR. MISC./19060/2015

Case brief

AI extract

What is this about?

The Patna High Court, in four consolidated criminal miscellaneous applications, released four petitioners on bail in a murder and arson case under Sections 302/34 IPC. The Court granted bail despite the petitioners being in custody, noting their names appeared only in a co-accused's confession and not in the FIR. Bail bonds were fixed at Rs. 10,000 each with two sureties.

What did the court decide?

Release of all petitioners on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Deepak Singh @ Deepak Kumar Singh and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19060 of 2015

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Arising Out of PS.Case No. -12 Year- 2014 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Deepak Singh @ Deepak Kumar Singh S/O Bachha Singh 2. Sani Singh S/O Umesh Singh Both Resident of Village-Banjaria, P.S.Madhuban, distt. East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19805 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Amit Singh @ Amit Kumar Singh S/O Maheshwar Singh Resident of Village- Govind Bara, P.S.- Phenhara, Dist. East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20108 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Dipu Singh S/o Awadhesh Singh Resident of village - Banjaria, P.S. Madhuban, Distt. East Champaram

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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.24506 of 2015

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The State of Bihar

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Arising Out of PS.Case No. -12 Year- 2014 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Ranjay Singh @ Mukesh Singh S/o Birendra Singh All are Resident of Village Kumharar, P.S. Phenhara, District East Champaran at Motihari.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar

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Patna High Court Cr.Misc. No.19060 of 2015 (3) dt.02-09-2015 P2/3

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.... .... Opposite Party/s

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====================================================== Appearance : (In Cr.Misc. No.19060 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Ram Sumiran Rai(App) (In Cr.Misc. No.19805 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Raj Kishor Singh (App) (In Cr.Misc. No.20108 of 2015) For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Renu Kumari (App) (In Cr.Misc. No.24506 of 2015) For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners are languishing in custody since 17.06.2014 for the offences instituted under Sections 302/34 of the Indian Penal Code.

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The prosecution story, in brief, is that the informant gave his written application to the S.H.O. Fenhara P.S. alleging therein that on 07.03.2014 a labour of his brick chimni informed him that firing has been made upon the Chimney and saw there was arson in the Chimney and office and his Chaukidar Surendra Singh was found dead in pool of blood. The Police was informed who came and took away the dead body. It is further alleged that occurrence is said to be of Rangdari. The Chimney was started on 24.01.2014

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Patna High Court Cr.Misc. No.19060 of 2015 (3) dt.02-09-2015 P3/3

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since then call was made on the mobile of his son and ransom was demanded saying that he is man of Ajad Hind Fauj and disclosed his name S.K. Dubey and threatened for dire consequences.

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It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.06.2014 and chargesheet has been submitted. It is submitted that the petitioners are not named in the First Information Report. Their name has come in the confessional statement of the co-accused. It is further submitted that from the perusal of the case diary, it would appear that there is no direct or indirect evidence to suggest the implication of these petitioners except the confessional statement of the co-accused there is no material to suggest the implications of these petitioners.

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On behalf of the State it has been submitted that the petitioners are not named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Phenhara P.S. Case No. 12/2014.

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(Sudhir Singh, J)

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Saif/U T

Deepak Singh @ Deepak Kumar Singh and Anr. v. The State Of Bihar

Case brief

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Deepak Singh @ Deepak Kumar Singh and Anr. v. The State Of Bihar

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