Bikas Kumar @ Bikas Gupta @ Bikas Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21623 of 2020 Arising Out of PS. Case No.-289 Year-2019 Thana- DUMRAO District- Buxar ====================================================== BIKAS KUMAR @ BIKAS GUPTA @ BIKAS SAH Son of Dilip Kumar Resident of Village - Kapil Muni Marg Dumrao, P.S.- Dumraon, District - Buxar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Malay Kumar Choudhary, Advocate For the Opposite Party :

Mr. Dinesh Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offences punishable under Sections 302/34 and other allied sections of the Indian Penal Code.

Informant lodged the instant case with the police regarding his traceless 13 years old son when he did not return after watching Kali Puja mela last night.

Patna High Court CR. MISC. No.21623 of 2020(2) dt.06-07-2020 2/3 Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case on the confessional statement of co-accused Chhotan Yadav @ Baliramjee, who has already been allowed bail by a bench of this Court vide order dated 27.5.2020, passed in Cr.Mis.No. 81769/2019. Petitioner is in custody since 22.1.2020. Nothing incriminating has come against the petitioner during investigation to connect him with the alleged occurrence.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in PS. Case No.-289 Year-2019 ThanaDUMRAO District- Buxar on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.21623 of 2020(2) dt.06-07-2020 3/3 the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T