Vakil Singh vs State Of Bihar

Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Md. Arif, learned Incharge Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Khudawan PS Case No. 7 of 2020 dated 20.02.2020, instituted under Sections 302/34 of the Indian

Penal Code.

The allegation against the petitioner and two others is that they had killed the son of the informant by drowning him.

Learned counsel for the petitioner submitted that he has been falsely implicated in the present case, which occurred only as an accident, due to the

reason that he is the brother of the wife of the elder brother of the informant, who was killed in the year 2018 and for which, the informant and his

family members are accused. It was submitted that the petitioner lives in another village eighty kilometers away from the village of the informant and

in the FIR itself it has been stated that the son of the informant, that is, the deceased, had gone to a water fall and then his body was found in the

water and in the post-mortem report it has been opined that death occurred due to drowning and further that no external injury has been found.

Learned counsel submitted that there was neither any witness nor anything incriminating has come against the petitioner and it is a simple case of

accident where the deceased had died due to drowning and only using the circumstance to exert pressure for compromise in the case filed against the

informant and others by the sister of the petitioner with regard to killing of her husband, who is the elder brother of the informant, in which the

informant is a named accused, the petitioner and two other persons have been falsely implicated. It was submitted that the petitioner having no

criminal antecedent is in custody since 22.02.2020.

Learned APP submitted that the informant has expressed his suspicion with regard to involvement of the petitioner. However, he did not controvert

that the post-mortem report, copy of which has been brought on record, does not disclose any external injury and the opinion recorded is that death

occurred due to drowning.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.,

Daudnagar, Aurangabad in Khudawan PS Case No. 7 of 2020, subject to the condition that one of the bailors shall be a close relative of the petitioner.

The petitioner shall cooperate with the Court. Failure to cooperate shall lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.