Anil Kumar @ Doctor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30030 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- PALIGANJ District- Patna ====================================================== Anil Kumar @ Doctor Son of Chandra Bhushan Singh Resident of VillageLodipur Bara, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in Paliganj P.S. Case No. 78 of 2020, registered for the offence punishable under Sections 302, 201, 120B/34 of the IPC and Section 27 of the Arms Act. On recovery of a dead-body, which was lying by the side of road near village Madhawan, an F.I.R. has been lodged against unknown.

It is submitted on behalf of petitioner that neither petitioner is named in the FIR nor he was arrested on the spot nor any incriminating article has been recovered from the house/possession of the petitioner. There is no eye-witness to the occurrence. It is further submitted that during course of investigation, one Guriya Devi identified the dead-body of

Patna High Court CR. MISC. No.30030 of 2020(3) dt.11-01-2021 2/3 deceased, as Navin Sharma, and she raised suspicion against this petitioner. Chargesheet has been submitted and petitioner is in custody since 14-03-2020.

However, learned A.P.P. for the State has opposed the bail application and submitted that during course of investigation, on the basis of C.D.R. (call details report) of mobile of petitioner, it has come that this petitioner has made some calls on the mobile of co-accused Chhotu Singh on the alleged day of occurrence and location of mobile phone of petitioner was found near the place of occurrence. However, considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 SubDivisional Judicial Magistrate, Danapur, District - Patna in connection with Paliganj P.S. Case No. 78 of 2020, on the following conditions:

"(1) Petitioner shall cooperate 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.

Patna High Court CR. MISC. No.30030 of 2020(3) dt.11-01-2021 3/3

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

(Prabhat Kumar Singh, J.) anay/- U T