Baiju Kumar @ Lalla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36281 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- NADI P.S. District- Patna ====================================================== Baiju Kumar @ Lalla S/O Late Kamal Ray R/O Village-Alampur, P.OKachchi Dargah, P.S.-NADI, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Naresh Ray, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code.

Allegation is that the petitioner and co-accused Dharmendra Kumar took the son of the informant with them, but the son of informant did not return and thereafter his dead body was found on N.H. The informant suspected that the

Patna High Court CR. MISC. No.36281 of 2021(2) dt.29-03-2022 2/3 accused persons including the petitioner killed the son of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case of last seen. It is alleged that the deceased had left the house alongwith the petitioner and coaccused. Thereafter the deceased did not return. Hence a suspicion has been raised against this petitioner. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Patna City, District Patna in connection with Nadi P.S. case

Patna High Court CR. MISC. No.36281 of 2021(2) dt.29-03-2022 3/3 No.218 of 2020 corresponding to G.R. No.4787 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T