Bhim Singh @ Bhim Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15597 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -BIHTA District- PATNA ====================================================== Bhim Singh @ Bhim Prasad Son of Late Ram Ekbal Rai Resident of Village - Narendra Rampur, P.S. - Naubatpur, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar, Advocate For the Opposite Party : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bihta P.S. Case No.309 of 2015 for the offences instituted under Sections 302, 201 and 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that on 25.4.2015 Bechan Singh husband of informant, was called by the accused petitioner at about 9 a.m. and was taken to Naubatpur for labour work but her husband did not return back home in the evening. On 26.4.2015 at about 7 a.m. informant received information that dead body of her husband was lying in the field of Bachaspathi Mishra at Sadisopur and she along with relatives went tehre and

Patna High Court Cr.Misc. No.15597 of 2016 (2) dt.03-05-2016 2/2 found the dead body inflicted with may sharp cut injuries. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has been made accused merely on the basis of suspicion. There is no eye witness to the alleged occurrence. There is no circumstantial evidence to suggest his implication in the present case.

On behalf of the State, it has been submitted that the petitioner has been named in the F.I.R. on the basis of suspicion. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, Patna, in connection with Bihta P.S. Case No.309 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T