Balmukund Singh @ Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66907 of 2018 Arising Out of PS. Case No.-210 Year-2014 Thana- HISUWA District- Nawada ====================================================== Balmukund Singh @ Chhote Singh, Son of Kushesh Singh, Resident of Village- Siswan, P.S.- Town Nawada, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Binod Kumar 2, APP 88 For the Informant :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner as well as learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 328, 120B, 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he took the deceased from his house on the pretext of accounting of due wages. Thereafter, the deceased did not return, rather his dead body was found and it was suspected that the deceased was poisoned to death by administering poisonous substance in the liquor supplied to him.

Submission of the learned counsel for the petitioner is that there is no eyewitness of the occurrence, rather

Patna High Court Cr.Misc. No.66907 of 2018(3) dt.21-01-2019 2/3 occurrence took place at the residence of a relative of the deceased and the family members of the relative have stated before the Police that the deceased felt uncomfortable while he was bathing and he fell and died.

On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail on the ground that there was motive of the petitioner to commit murder, as money of the deceased was due with the petitioner. There is evidence that petitioner had taken the deceased with him and the doctor has found substance of celphos in the viscera examination report.

Considering the fact that for the purpose of prayer for anticipatory bail, there is no substantial material against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Hisua Police Station Case No.210 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the

Patna High Court Cr.Misc. No.66907 of 2018(3) dt.21-01-2019 3/3 petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T