Raushan Kumar @ Bongal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7054 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -PALIGANJ District- PATNA ====================================================== Raushan Kumar @ Bongal Singh Son of Ravindra Kumar. Resident of village- Kalyanpur, P.S.- Paliganj, District- Patna (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Dipak For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code.

On recovery of the dead body of the son of the informant, namely, Sahdeo Bind, the FIR was lodged against seven persons including the petitioner.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. On conclusion of the investigation the petitioner was not sent up for trial but differing with the final form cognizance was taken. Admittedly there is no eye witness to the occurrence

Patna High Court Cr.Misc. No.7054 of 2016 (2) dt.16-02-2016 2/2 and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that on conclusion of the investigation the petitioner was not sent up for trial, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Danapur in connection with Paliganj P.S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- ui U T