Billa @ Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63450 of 2019 Arising Out of PS. Case No.-375 Year-2019 Thana- DIGHA District- Patna ====================================================== BILLA @ BIKRAM KUMAR Son of Raghunath Paswan Resident of Village - Bata Chowk, Ramjee Chak, P.S.- Digha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Petitioner seeks bail in connection with Digha P.S. Case No. 375 of 2019, registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

FIR disclosed that husband of the informant was killed and on information she reached at the shop of the deceased and found her husband dead and staff of the informant one Ramu disclosed the name of the petitioner and other accused persons as assailants.

Submission of learned counsel for the petitioner is that FIR itself shows that informant is not an eye-witness to the occurrence and statement of staff of the shop, namely, Ramu has not been recorded by police though charge sheet has been submitted. Petitioner is in custody since 6.7.2019, charge sheet

Patna High Court CR. MISC. No.63450 of 2019(6) dt.05-02-2020 2/2 has been submitted, as such there is no chance of tampering with the evidence.

Heard learned APP, who has opposed the prayer for bail of the petitioner but conceded that staff of the shop has not been examined during investigation.

In view of above facts and circumstances, let petitioner be released 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 S.D.J.M., Patna, in connection with Digha P.S. Case No. 375 of 2019 on the condition that he has to co-operate in disposal of the case and appear in court as and when required and further condition that he will not threat the informant and her family members, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T