Bittu Kumar Sharma @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38218 of 2020 Arising Out of PS. Case No.-90 Year-2015 Thana- SIGAUDI District- Patna ====================================================== BITTU KUMAR SHARMA @ RAJA BABU Son of Ravindra Sharma Resident of Village - Nadahari, P.S. - Sigori, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Sigori P.S. case No.90/2015 registered under Sections 302, 201 of the Indian Penal Code.

Prosecution case, in short, is that the father of the informant had gone to bring medicine for his mother from the medicine shop of Amrendra, but he did not return. Thereafter the informant searched his father, but could not get any trace. On 29.08.2015, the informant learnt that his father has been murdered and his dead body is lying in Uttar Bagicha. The

Patna High Court CR. MISC. No.38218 of 2020(2) dt.02-08-2021 2/3 informant reached there and saw the dead body of his father. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence. Other co-accused has been granted anticipatory bail vide Annexure 2 to the present application by a Co-ordinate Bench of this Court.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. IIIrd, Danapur, District Patna in connection with Sigori P.S. case No.90 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.38218 of 2020(2) dt.02-08-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T