Kamlesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16109 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== KAMLESH BIND, Son of Sidhar Bind, R/o village - Lohara, P.S. - Chainpur, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 364/34, 302 and 201/34 of the Indian Penal Code.

According to FIR, four persons named in the FIR including petitioner Kamlesh Bind took the son of the informant with them and thereafter dead body of the son of the informant was noticed. Suspicion is that they had kidnapped and committed murder of the son of the informant. During investigation, co-accused Sanjay Bind confessed before the police wherein he stated that initially they served liquor to the deceased and thereafter gagged him to death and threw the dead body in the river.

The postmortem report reveals that the Doctor

Patna High Court CR. MISC. No.16109 of 2019(4) dt.21-06-2019 2/2 found antemortem injury caused by hard and blunt substance and the death was due to excessive haemorrhage and shock which resulted in cardiac failure.

Submission is that the deceased might have sustained injury by fall in the dam and due to land dispute, false allegation is there. No witness has supported before the police that the petitioner was seen along with the deceased. Learned counsel for the informant opposed the prayer for bail.

Considering the fact that there is no substantial material against the petitioner and investigation of the case is already complete against him, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chainpur Police Station Case No. 365 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T