Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55294 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Bipin Kumar S/o Shri Ayodhya Singh, R/o Vill.- Basaur, P.S.- Bhagwanganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail petition The petitioner seeks bail in Masaurhi P. S. Case No. 224 of 2018 instituted for the offence under Section(s) 302, 201, 120B/34 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the petitioner has submitted that in the written report it is mentioned that dead body was recovered from the paeen.

Petitioner is in custody since 9.4.2018.

Patna High Court Cr.Misc. No.55294 of 2018(4) dt.09-10-2018 2/3 It is alleged in the written report that brother of the informant went to the house of Avinash on his call and he did not return to house on the next day. The informant started searching along with his family members. Then, he learnt from some villagers that at about 10 pm there was sound of firing. Thereafter, informant went with the villagers to the house of Avinash and found blood stain on straw and on the ground of his house and Hawai Chhapal of his brother. The informant further alleged that this petitioner was also present in the house of Avinash when he stayed at his house.

Learned counsel for the petitioner has submitted that this petitioner is brother -in-law of Avinash. Therefore, he has been falsely implicated in this case.

Case diary has been received in this case wherein other accused persons have stated in their confessional statement that Avinash had made call to the brother of the informant. The learned Sessions Judge has mentioned in the impugned order that one used cartridge was recovered from the house of Avinash.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.55294 of 2018(4) dt.09-10-2018 3/3 each to the satisfaction of the ADJ VI, Patna /successor Court in connection with Masaurhi P. S. Case No. 224 of 2018. Sessions Trial no. 575 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T