Bandhu Bhagat@ Budhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17611 of 2021 Arising Out of PS. Case No.-231 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== BANDHU BHAGAT@ BUDHU BHAGAT, S/o Jaga Bhagat, R/o VillageBhagwatpur, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Poonam Kumari, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP For the Informant :

Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 34 of the IPC.

As per the prosecution case, the petitioner and his brother are stated to have taken the son of the informant. Subsequently the dead body of the son of the informant was recovered and sections 302 and 201 of the IPC was added. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations as levelled in the FIR are false and concocted which would be evident from perusal of the contents of paragraph no. 42 of the case diary wherein reference has been made to the CCTV footage of the petrol pump in which the victim is seen with the co-

Patna High Court CR. MISC. No.17611 of 2021(3) dt.28-09-2021 2/2 accused brother of the petitioner. There is no mention of the petitioner being seen in the CCTV footage. The petitioner is in custody since 7.9.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner besides being named in the FIR, there is direct allegation against him of having taken the 12 year old son of the informant whose dead body was subsequently recovered.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and the materials which transpired in course of investigation together with the petitioner having remained in custody for over one year, the petitioner is directed to be enlarged on bail in connection with Karja P.S. Case no. 231 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur. (Partha Sarthy, J) Spd/- U T