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Patna High CourtCR. MISC./14330/2022bail granted

Bihari @ Bihari Chandrabanshi @ Babloo Kumar @ Bablu Kumar v. The State Of Bihar

2022-04-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14330 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- BARUN District- Aurangabad ====================================================== BIHARI @ BIHARI CHANDRABANSHI @ BABLOO KUMAR @ BABLU KUMAR S/o Madan Chadrabanshi @ Madan Chandrabanshi @ Madan Ram @ Madan Singh R/o village- Dhuriya, P.S.- Barun, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Barun P.S. Case No. 214 of 2021 registered under Sections 363/365 of the Indian Penal Code.

Allegation against the accused persons abducted the son of the informant.

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 petitioner. The

Patna High Court CR. MISC. No.14330 of 2022(2) dt.01-04-2022 2/2 petitioner has been falsely implicated in the present case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the present case during course of investigation. The dead body of the victim was recovered near a canal. During investigation, case has been found true under Section 306 of the Indian Penal Code which is evident from perusal of the order of Sessions Court. The postmortem report shows that the deceased has died due to asphyxia due to drowning in water. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 214 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T