Satyam Kumar @ Bambatia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59591 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Satyam Kumar @ Bambatia S/o Pappu Singh @ Manoj Singh, R/o Naokothi, P.S.- Naokothi, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/120B of the Indian Penal Code.

According to FIR, the informant and his brother were sitting. At the same time five persons entered into the room and started assault against the brother of the informant. The informant fled away. Out of five persons three were identified. After sometime when the informant returned back he found his brother unconscious and took him in hospital where he died during the course of treatment.

Submission is that false implication is there for land

Patna High Court Cr.Misc. No.59591 of 2018(2) dt.02-11-2018 2/2 dispute between the parties and the aforesaid fact has been suppressed in the FIR. Co-accused Santosh Singh and Pappu Singh having similar allegation were arrested in this case and have already been granted bail by a coordinate Bench of this Court. The informant is in fact not an eyewitness of the actual occurrence.

Considering the entire facts aforesaid especially the fact that there is no substantial material against the petitioner to substantiate the allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Naokothi Police Station Case No. 18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T