Alka Kumari @ Alka Kumari Sinha @ Alka Kumari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22888 of 2019 Arising Out of PS. Case No.-265 Year-2017 Thana- ASHTHAWAN District- Nalanda ====================================================== ALKA KUMARI @ ALKA KUMARI SINHA @ ALKA KUMARI SINGH D/o Sri Arvind Kumar Resident of Village - Abdulhaichak, P.S.- Rahui, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Mukesh Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120(B of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that a dead body was found lying on the road.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the

Patna High Court CR. MISC. No.22888 of 2019(5) dt.20-08-2019 2/2 F.I.R. The name of the petitioner has transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evident to suggest the participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. VI, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 265 of 2017.

(Sudhir Singh, J) Pankaj/- U T