Nityam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15152 of 2021 Arising Out of PS. Case No.-471 Year-2020 Thana- KATIHAR NAGAR District- Katihar ====================================================== Nityam Kumar S/O Hari Prasad Verma @ Hari Prasad Das R/O P and T Chowk Barmasiya, Police Station-Katihar Sahayak, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yogesh Chandra Verma, Sr. Advocate.

Mr. Rajendra Prasad Sah, Advocate.

For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 365 of the Indian Penal Code but subsequently Section 302 & 201/34 was added. The son of the informant was disappeared from his house but later on his dead body was found lying in the Koshi river.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.15152 of 2021(3) dt.07-10-2021 2/2 physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence. As a matter of fact, at the time of inquest and recovery of dead body, all the witnesses including the informant were present but none alleged anything incriminating against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 15.10.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Katihar Town (Sahayak) P.S. Case No.471 of 2020.

(Anjani Kumar Sharan, J.) Trivedi/- U T