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Patna High CourtCR. MISC./68857/2019bail granted

Krishna Kumar @ Chandan Kumar v. The State Of Bihar

2020-02-25Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68857 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- PIPRA District- East Champaran ====================================================== KRISHNA KUMAR @ CHANDAN KUMAR Son of Sri Ram Kumar Singh @ Patwari Singh Resident of Village- Chakaniya, Post- Bediban, Madhuban, Damodarpur, District- East Champaran, Bihar.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate.

Mr. Abhishek Kumar alias Sonu Babu, Advocate. For the State :

Mr. Anant Kumar-1, A.P.P.

For the Informant :

Mr. Dhananjay Kumar Gupta, Advocate.

Mr. Rajiv Ranjan, Advocate.

Mr. Rananjay Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-02-2020 Heard the parties.

The petitioner seeks bail in connection with Pipra P.S. Case No.158 of 2019/G.R. Case No.3554 of 2019 registered under Sections 302, 201 and 120B/34 of the Indian Penal Code. The accusation is that in the evening of 24.05.2019, Krishna Kumar alias Chandan Kumar (petitioner), boarding on Apachi Motorcycle, came at the door of the informant Ram Ayodhya Sah and asked Vikash Kumar, the son of the informant, to accompany him, saying to pay the dues to his labourers for distributing the same among them. Thereafter, Vikash Kumar, the son of the informant, moved with the petitioner but he did

Patna High Court CR. MISC. No.68857 of 2019(3) dt.25-02-2020 2/3 not return till late night. While the informant and his daughterin-law tried to contact to his son but no trace of him was found. The informant and others also went to the house of the petitioner but there was no response. On the next day, the students of the school were raising "Hullah' about lying of the dead body, then the informant went there and saw the dead body of his son Vikash Kumar. The informant further alleged that before six months, Jaipal Sah had scuffled with the wife of Vikash Kumar and he had also given threatening of dire consequences. Jaipal Sah is the friend of the petitioner. Learned counsel appearing on behalf of the petitioner submits that on mere suspicion, the petitioner has falsely been implicated in this case.

It would also appear from the case diary, which is up-to paragraphs-78, that except the informant, none had claimed to see the deceased with the petitioner. The petitioner is in custody since 14.06.2019 and, after investigation, the police has already submitted the charge-sheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68857 of 2019(3) dt.25-02-2020 3/3 satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra P.S. Case No.158 of 2019/ G.R. Case No.3554 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T