Dharambir Kumar @ Dharambir Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34789 of 2020 Arising Out of PS. Case No.-169 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== Dharambir Kumar @ Dharambir Rajak Son of Ashok Rajak Resident of Ward No. 08, Jitpur, P.S. Bakhri, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. The prosecution case in short is that the son of the informant left the house and after some time he did not return and later his dead body was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.34789 of 2020(3) dt.19-02-2021 2/2 submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of co-accused namely Amrit Kumar. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. It is further submitted that on the confession of the said co-accused Amrit Kumar, mobile of the deceased is also said to have been recovered but the same cannot be used against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 169 of 2020, G.R. No. 1210 of 2020. (Sudhir Singh, J) Pankaj/- U T