Patna High CourtCR. MISC./9233/2019bail granted

Sushant Kumar v. The State Of Bihar

2019-04-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9233 of 2019 Arising Out of PS. Case No.-288 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sushant Kumar Son of Surendra Ram @ Sulo Ram Resident of VillageShibdih, P.S.- Kajra, District Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Bharat Bhushan (App 156) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 365, 302, 201 of the Indian Penal Code. Allegation is that the brother of the informant went missing. Later his dead body was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.01.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the self confession of the petitioner in connection with another case. There is no recovery of any incriminating article from the possession of the petitioner. Except for self confession before the police, there is

Patna High Court CR. MISC. No.9233 of 2019(3) dt.30-04-2019 2/2 no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. case No.288 of 2017.

(Sudhir Singh, J) Narendra/- U T