Abhinav Kumar @ Ballu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45860 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- PARWALPUR District- Nalanda ====================================================== Abhinav Kumar @ Ballu Son of Shiv Kumar Singh Resident of Village - Dumari, P.S.- Parwalpur, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Lokesh Kumar Singh, Advocate For the State :

Mrs. Suman Kumari Singh, APP For the informant :

Mr. Vibhuti Ranjan Sonvardra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

Prosecution case, in short, is that on 26.12.2018 the accused persons including the petitioner came to the house of the informant and took his son, namely, Bulbul. Thereafter the informant tried to contact his son on mobile, which was found switched off. On 27.12.2018 the informant heard hulla that one dead body is lying in a ditch in orchard. The informant went there and found dead body of his son. The informant has raised suspicion that the accused persons have committed murder of his son.

Patna High Court CR. MISC. No.45860 of 2019(2) dt.24-07-2019 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.03.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of last seen. There is no eye witness to the alleged occurrence nor there is any substantial evidence to suggest his implication in the present case. Other co-accused has been granted bail vide Annexure 2 to the present application.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Hilsa, Nalanda in connection with Parwalpur P.S. case No.206 of 2018.

(Sudhir Singh, J) Narendra/- U T