Binod Bhindwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58568 of 2018 Arising Out of PS.Case No. -324 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Binod Bhindwar, Son of Late Dev Narayan Bhindwar, Resident of MohallaHriday Nagar, P.S.- Birpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Birpur P.S. Case No.324 of 2016 instituted for the offence under Section(s) 302, 120(B) and 201 Indian Penal Code.

Counsel for the petitioner submits that petitioner is in custody since 19.09.2017. It is submitted that mere suspicion has been raised against the petitioner. There is no allegation of specific overt act against the petitioner.

Learned APP has submitted that the petitioner has criminal antecedents and several cases are pending against him as mentioned in para 3 of the bail petition.

It is alleged in the written report that dead bodies of

Patna High Court Cr.Misc. No.58568 of 2018 (3) dt.10-10-2018 2/3 two person, namely, Bittu Mishra and Sonu Singh, were recovered on 24.12.2016 from inside the sand in decomposed condition.

Counsel for the petitioner submits both the deceased, as per First Information Report, were missing since 16.12.2016, but no any information was earlier given by the informant before the police. Instant case has been filed on 25.12.2016 after recovery of the dead bodies. Counsel for the petitioner further submits that in the written report itself the informant has raised suspicion against the petitioner that he has committed the offence at the instance of local MLA, Neeraj Kumar.

Case diary has been received. Learned APP has after looking into the case diary submitted that charge-sheet has already been submitted against the petitioner. Although petitioner has several criminal antecedents, but keeping in view the fact that he is in custody since 19.09.2017, and there is no allegation of any specific overt act against him, prayer of the petitioner for grant of bail is allowed. 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 each to the satisfaction of the Additional Sessions Judge,

Patna High Court Cr.Misc. No.58568 of 2018 (3) dt.10-10-2018 3/3 1st, Supaul, in connection with Birpur P.S. Case No.324 of 2016 giving rise to S.T. No.38 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. The petitioner will remain present on each and every date of trial and his absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled.

(Sanjay Priya, J) JA/- U T