Subodh Kumar @ Laddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25127 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUBODH KUMAR @ LADDU SINGH S/o Late Ramanandan Singh Resident of Village- Shekhpur, Krishnapuri, P.S.- Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Niwas Jha, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 302, 120(B) and section 27 of Arms Act.

Informant who is mother of the deceased has alleged that while her son had gone to recharge his mobile with his friend Laliteshwer Jha @ Ladhu, in the meantime, she came to know that her son has been shot by two motorcycle borne miscreants. It is further alleged by informant that her deceased son informed his friends while carrying deceased to Hospital that Avinash Kumar @ Goldi, Aniket Kumar, Utkarsh Kumar, Navin Kumar, Awadhesh Kumar have killed her son.

Patna High Court CR. MISC. No.25127 of 2020(3) dt.05-02-2021 2/3 Allegation against petitioner is of threatening his deceased son one year before to withdrew cases instituted by him. Nothing has been attributed/ alleged against petitioner in present incident.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case being father of accused Avinash Kumar alias Goldi. The petitioner is fair price dealer. The family members of the deceased always demanded rice, wheat and kerosene oil without ration card. The deceased was of suspicious character and as such had several enemies who killed him. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, with a condition that petitioner should have no criminal antecedent, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ahiyapur P.S. Case No. 63 of 2020 (G.R. No. 298 of 2020), subject to the condition as laid down under Section 438(2) of the Cr.P.C with

Patna High Court CR. MISC. No.25127 of 2020(3) dt.05-02-2021 3/3 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

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

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