Lalmohan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5156 of 2020 Arising Out of PS. Case No.-161 Year-2019 Thana- KUTUMBA District- Aurangabad ====================================================== Lalmohan Dubey Son of Satyanarayan Dubey Resident of Village - Baliyari, P.S.- Kandi, District- Garhwa (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 364, 34 of the Indian Penal Code.

The prosecution case in brief is that while the informant's husband used to run a line hotel. It is further alleged that one day, while he was going to Sanda with milk, he was kidnapped by some persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.5156 of 2020(3) dt.28-05-2020 2/2 of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-11-2019. Charge sheet has already been submitted. The victim has been recovered. He has not named the petitioner. Merely on the suspicion, the petitioner has been made accused in this case. He has not been put on test identification parade.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-III, Aurangabad in connection with Kutumba P.S. Case No. 161 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T