Patna High CourtCR. MISC./46155/2019bail granted

Gautam Kumar @ Kallu v. The State Of Bihar

2019-07-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46155 of 2019 Arising Out of PS. Case No.-743 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== GAUTAM KUMAR @ KALLU Son of Late Sitaram Choudhary @ Sitaram Prasad Resident of Mohalla- Badi Patan- Devi Gaddapar, P.S.- Alamganj, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 201/34 of the Indian Penal Code. The prosecution case in short is that the son of the informant went along with accused persons and did not return and later his dead body was found.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. It is a case of last seen. There is no eye witness to the alleged

Patna High Court CR. MISC. No.46155 of 2019(2) dt.31-07-2019 2/2 occurrence nor there is any circumstantial evidence to suggest his participation in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 A.C.J.M. Patna City in connection with Alamganj P.S. Case No. 743/18.

(Sudhir Singh, J) Pankaj/- U T