Chiku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27349 of 2015 Arising out of PS.Case No. -238 Year- 2013 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Chiku Kumar, son of late Sanjiv Kumar Singh, resident of Village - Sankh Mohan, P.S. Bibhutipur, Distt. - Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Vijay Kr Singh No. 1 and R.S. Sahay, Advocates.

For the Opposite Party : Mr. Nityanand Tiwary- l, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 238 of 2013 for the offences instituted under Sections 302, 201, 427 and 435/34 of the IPC. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that when the informant had gone to village Mokhiyarpur to serve notice he came to know that a dead boy and motor cycle are lying on the road. The informant suspected that some criminals have murdered the deceased some where else and in the midnight of 14.12.2013 brought the dead body at that place and burnt it after sprinkling petrol.

Patna High Court Cr.Misc. No.27349 of 2015 (2) dt.22-07-2015 2/2 It has been submitted on behalf of the petitioner that from perusal of the impugned order itself it would appear that the petitioner is not named in the F.I.R. Further it is submitted that merely on the basis of suspicion the petitioner's name has appeared in the present case. There is no direct or indirect evidence to suggest regarding implication of the petitioner in the present case. It is further submitted that the petitioner has got no criminal antecedent.

On behalf of the State it has been submitted that the petitioner's name has come in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhagwanpur P.S. Case No. 238/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T