Patna High CourtCR. MISC./55371/2019bail granted

Nirmal Kumar v. The State Of Bihar

2019-09-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55371 of 2019 Arising Out of PS. Case No.-332 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Nirmal Kumar S/o Sri Suresh Prasad R/o Mohalla- Sheetal Tola, P.S.- Ara Nagar, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in short, is that on 12.07.2019 the informant's son was seen along with the accused persons. On 15.07.2019 at 8 a.m. the informant received information that a dead body of a boy has been seen near Balwatara River and on such information he along with other family members went there and identified the dead body of his son. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.07.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.55371 of 2019(2) dt.06-09-2019 2/2 witnesses alleged against the petitioner. It is a case of last seen. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar P.S. case No.332 of 2019.

(Sudhir Singh, J) Narendra/- U T