Bittu Kumar Sah @ Vikjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32604 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Bittu Kumar Sah @ Vikjay Kumar, S/o Jagdish Prasad Sah @ Jagu, Resident of Village- Chandni Chowk, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. M. K. Agrawal, Senior Advocate Mr. Fazle Karim, Advocate Ms. Preeti Kanwar, Advocate For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 This is an application for grant of anticipatory bail in connection with Sadar Purnea P. S. Case No. 118 of 2019, disclosing offences under Sections 341, 328, 307, 34 of the Indian Penal Code.
Allegation against the petitioner is of administering the poison to the deceased, causing his death. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case, only on the basis of suspicion.
Heard learned A.P.P. also, who has submitted that viscera report was called for and same is available on the record. However, on perusal of F.S.L. report it appears that does not support the prosecution case as there is no poisonous &
Patna High Court CR. MISC. No.32604 of 2019(5) dt.04-09-2019 2/2 psychotropic substances detected in the viscera sent for examination.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Purnea, in connection with Sadar Purnea P. S. Case No. 118 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
Let the office is directed to return the F.S.L. report so that the same may be submitted to the concerned court. (Vinod Kumar Sinha, J) Sunil Shukla/- U T