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Patna High CourtCR. MISC./62301/2021bail granted

Babloo Kumar v. The State Of Bihar

2022-10-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62301 of 2021 Arising Out of PS. Case No.-134 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

BABLOO KUMAR Son of Kailash Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur.

2.

Dhaneshwar Prasad Son of Late Parmeshwar Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur. 3.

Uday Prasad Son of Dhaneshwar Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur.

4.

Jay Nandan Prasad Son of Dhaneshwar Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur. 5.

Lal Babu Prasad Son of Dhaneshwar Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur. 6.

Maujelal Prasad Son of Dhaneshwar Prasad Resident of Village - Mushachak, P.S.- Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302/34 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that the petitioners and other accused persons including 4 to 5 unknown abducted the son of the informant and killed him in orchard and burnt the

Patna High Court CR. MISC. No.62301 of 2021(3) dt.17-10-2022 2/2 dead body.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case only on suspicion. Son of informant and sister of petitioner no.1 were in love and wanted to marry which was objected by their parents as a result of which they committed suicide. Except suspicion, no other tangible evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. There is a case and counter case filed by father of the petitioner no.1. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Muzaffarpur in Meenapur Police Station Case No. 134 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T