Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44319 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- CHANDI District- Nalanda ====================================================== ANIL KUMAR Son of Tara Singh Resident of Village Mosimpur, P.S. Khushrupur, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Chandi P. S. Case No. 83 of 2019 instituted for the offence under Section(s) 302 and 201 of the Indian Penal Code.

It is alleged in the written report that the informant being the Choukidar, had gone to attend the call of nature. He found some people surrounding a person. It is further alleged that when the informant reached near the place of occurrence he found one person was lying dead. The informant has further alleged that after looking at the dead body it appeared that deceased has been killed at some other place and his dead body has been thrown at the place of occurrence. The police thereafter published the photographs of the deceased in the newspaper and on that basis the dead body of deceased was identified by son and other relatives on 23.3.2019.

Patna High Court CR. MISC. No.44319 of 2019(2) dt.22-07-2019 2/2 During investigation it came to light that deceased was working with petitioner and he used to weigh vegetable in the mandi of petitioner and also used to give his money to the petitioner to take back in future.

Learned counsel for petitioner has submitted that merely on suspicion petitioner has been implicated in this case. The FIR has been lodged against unknown persons and even the brother of the deceased had lodged an FIR Vide Khushrupur P.S. case no. 80 of 2019 about missing of the deceased, wherein, no suspicion has been raised against this petitioner. There is no eye witness to the occurrence.

Petitioner is in custody since 29.3.2019.

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 each to the satisfaction of the ACJM, 1st Hilsa, Nalanda in connection with Chandi P. S. Case No. 83 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T