Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40956 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- MARANCHI District- Patna ====================================================== Nikhil Kumar, Son of Munna Singh Resident of Village- Panch Mahala, P.S.- Maranchi, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maranchi P.S. Case no. 25 of 2018, registered under Section 302/34 of the Indian Penal Code.

The accusation is that Mukesh Kumar, younger brother of the informant Nago Singh on receiving call moved from the house in the evening of 18.03.2018, but he did not return in the late night and in the mid night informant received information from the Police that Mukesh Kumar is lying dead beside the animal hospital, when the informant along with his other family members reached there then saw his brother was lying there dead.

Learned counsel for the petitioner submits that on

Patna High Court CR. MISC. No.40956 of 2019(2) dt.04-07-2019 2/2 the basis of written report of informant, the present case was lodged against unknown. In course of investigation, it was detected that SIM from which the call was received on the mobile of deceased is of Niwas Prasad, who disclosed that he had given his mobile with SIM to the petitioner. Further submission is that petitioner, who is a student has falsely been implicated in this case along with his brother and father on the pretext that his brother and father also used the same mobile, but the mobile and SIM has not been recovered from the possession of the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-IV, Barh, Patna in connection with Maranchi P.S. Case No. 25 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T