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Patna High CourtCR. MISC./44464/2021bail granted

Balmukund @ Bal Kumar v. The State Of Bihar

2022-03-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44464 of 2021 Arising Out of PS. Case No.-112 Year-2019 Thana- SINGHWARA District- Darbhanga ====================================================== BALMUKUND @ BAL KUMAR Son of Rajnandan Mahto Resident of Village - Kothiya, P.S.- Sheohar, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the allegations in the FIR, the informant states that the dead body of his son was found in the water by the side of NH-57 and he suspects that the four accused persons including the petitioner herein who were with him have a hand in the occurrence.

It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the FIR itself it would transpire that there is no eye witness to the alleged occurrence. At best the

Patna High Court CR. MISC. No.44464 of 2021(4) dt.21-03-2022 2/2 case against the petitioner is one of last seen. The petitioner is in custody since 12.3.2021 and investigation in the case is complete.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Singhwara P.S. Case no. 112 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga.

(Partha Sarthy, J) Prakash/- U