Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68336 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Abhimanyu Kumar, Son of Tapan Singh, Resident of Village- Udwant Nagar, P.S.- Udwant Nagar, District- Ara (Bhojpur). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in KMP (Kazimohammadpur) P.S. Case No.379 of 2018 registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Informant is father of the deceased who has stated in his written complaint that his son, Pankaj Kumar, was an employee of Bhawani hospital for the last six months and had gone to work on 28.08.2018 along with his cousin brother Ajit Kumar but in the evening it was informed that his son, Pankaj Kumar, is missing and on 30.08.2018 his dead body was recovered from the premises of the hospital and on the basis of suspicion he has named four persons as the accused including

Patna High Court Cr.Misc. No.68336 of 2018(2) dt.30-11-2018 2/3 the petitioner.

One of the employees Pankaj Kumar of the hospital confessed his involvement in crime and has named three more accused and their complicity. However, in such confession, name of the petitioner is not there. Petitioner has got no criminal antecedent and is in custody since 02.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with KMP (Kazimohammadpur) P.S. Case No. 379 of 2018 with following conditions:- (1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to

Patna High Court Cr.Misc. No.68336 of 2018(2) dt.30-11-2018 3/3 move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T