Patna High CourtCR. MISC./45370/2019bail granted

Garib Sao v. The State Of Bihar

2019-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45370 of 2019 Arising Out of P.S. Case No.-77 Year-2019 Thana- HALSI District- Lakhisarai ====================================================== Garib Sao, aged about 45 years, Sex-Male, S/o Sita Sao R/o Village- Karauta, P.S.- Amhara, O.P.- District- Lakhisarai, at present residing at Village- Gerua, Porsanda, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

The petitioner is in custody in connection with Halsi P.S.Case No.77 of 2019 registered for an offence under Sections 302, 364 and 201/34 of the Indian Penal Code.

The prosecution case is that Nati of the informant was playing on road in front of the house of the informant while eating roti. It is further alleged that after long time, his Nati could not return and he started searching him but unable to recover, thereafter information regarding his missing has been given to the police on the basis of which a case under Section 363 of the IPC was registered. During course of investigation, the informant in his re-statement raised suspicion against the petitioner and his son.

It is submitted on behalf of the petitioner that the petitioner is not named in the FIR. It is further submitted that the petitioner was arrested merely on suspicion. There is no eye

Patna High Court CR. MISC. No.45370 of 2019(3) dt.20-09-2019 2/2 witness to the alleged occurrence. Save and except suspicion, nothing against the petitioner to connect him in the alleged offence. Petitioner is in custody since 09.04.2019 and having no criminal antecedent.

In view of the aforesaid facts, let the above named petitioner 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 learned Judicial Magistrate-Ist Class, Lakhisarai/Court concerned, in connection with Halsi P.S.Case No.77 of 2019.

(Prabhat Kumar Singh, J) B.Kr./- U T