Diwakar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52498 of 2019 Arising Out of PS. Case No.-96 Year-2016 Thana- WARISLIGANJ District- Nawada ====================================================== DIWAKAR KUMAR Son of Rambriksh Yadav Resident of Village- Bisanpur, P.S.- Pakribarawan, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case no. 96 of 2016, registered under Section 302 and 201/34 of the Indian Penal Code. The accusation is that in the evening of 13.05.2016 son of the informant had gone to attend call of nature, but he did not return. On the next day, the dead body of son of the informant found in the field of Iglesh Mahto and the towel was tied in his neck. When son of the informant had gone to attend call of nature, at that time, Arjun Yadav, Jairam Yadav and others had seen the four persons named in the F.I.R. with his son.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.52498 of 2019(2) dt.22-08-2019 2/2 petitioner is not named in the F.I.R. In course of investigation, after one month of the occurrence, an application was given by informant raising suspicion against the petitioner and on that very basis, the petitioner has been implicated in this case. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J-II, Nawada in connection with Warisaliganj P.S. Case No. 96 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T