Bihari Baitha @ Shyam Bihari Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11963 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- BHORE District- Gopalganj ====================================================== Bihari Baitha @ Shyam Bihari Baitha Son of Domi Baitha @ Dipchand Baitha Resident of Village - Sabnaha, P.S.- Bhorey, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 364, 302, 201 of the Indian Penal Code. Prosecution case, in short, is that on 09.10.2018 informant's son, namely, Adarsh Kumar, aged about 5 years disappeared from village and on 10.10.2018 his dead body was found in sugarcane field of Spitter Bhagat of village Sabnaha Sareh.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of abduction-cum-murder.

Patna High Court CR. MISC. No.11963 of 2019(3) dt.09-05-2019 2/2 There is no allegation of abduction against the petitioner. There is no eye witness to the alleged occurrence.

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, 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 Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. case No.333 of 2018.

(Sudhir Singh, J) Narendra/- U T