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Patna High CourtCR. MISC./48565/2018bail granted

Chintu Sao @ Chintu Sah v. The State Of Bihar

2018-10-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48565 of 2018 Arising Out of PS.Case No. -252 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. CHINTU SAO @ CHINTU SAH, aged about 18 Years S/o Late Rameshwar Sao, R/o Near Mohalla- Konark Cinema, Dharam Kata, P.S.- Kasim Bazar, P.O.- Munger, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Kishore Prasad Mr. Shafiuddin Ahmed, Advocates.

For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant's brother was taken away by the accused persons. The search was made but his brother was not traced out and ultimately, dead body of the brother of the informant was found lying near Heru Diara, Dakra Nala.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.48565 of 2018 (3) dt.25-10-2018 petitioner has been falsely implicated in the present case. It is a case of last seen. Except for the same, there is no other substantial evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Munger in connection with Naya Ramnagar P.S. Case No. 252 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T