Bablu @ Bablu Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8865 of 2019 Arising Out of PS. Case No.-449 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Bablu @ Bablu Kumar @ Kallu S/o Sumangal Gandhi, village-Shahpur, P.SShahpur, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Sharma For the Opposite Party/s :

Mr.Binod Kumar(App16) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that on 21.09.2018 at about 7 A.M. a co-villager informed the informant that dead body of his son was found near village Sonachak and on receiving information the informant along with his family members went there and found his son dead. The informant has suspicion that the petitioner and one Chhotu have committed murder of his son.

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

Patna High Court Cr.Misc. No.8865 of 2019(2) dt.19-02-2019 2/2 petitioner. The petitioner has falsely been implicated in the present case. A day prior to the recovery of the dead body of the deceased, the petitioner was seen along with the deceased. Merely on the basis of the said evidence, suspicion has been raised against the petitioner. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is a case of last seen. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Danapur in connection with Naubatpur P.S. case No.449 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T