Bulbul Kumar v. The State Of Bihar

THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70833 of 2018 Arising out of PS. Case No.-755 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Bulbul Kumar son of Arun Kumar, Resident of Muhalla- Balua Gopalpur, P.S.- Town Motihari, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Murari Sharan Tiwari Mr.Rajiv Ranjan For the Respondent/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 755 of 2017 registered for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code.

The allegation of the prosecution is that the deceased son of the informant was called by the petitioner herein whereafter they had gone to Motihari, however, the son of the informant did not return back. Subsequent, it transpired that the petitioner had been caught by the villagers and was being detained along with motorcycle of the son of the informant at Turkauliya Police Station. The informant is said to have gone to the said Police Station and enquired whereabouts of the

Patna High Court Cr.Misc. No.70833 of 2018(3) dt.10-01-2019 2/3 deceased, however, subsequently information was received that a dead body was lying near the bank of Dhanauti river and upon going there, the informant saw that the dead body was that of his son.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and in fact the petitioner was a very close friend of the deceased and after they had gone to village Parsouna, the deceased had told the petitioner that he would return after sometime and had gone away. However, in the meantime, the co-accused persons came near the petitioner and started abusing and handed him over to Turkauliya Police Station along with the said motorcycle. It is further submitted that there is no iota of any evidence in the entire case diary to suggest any link of the petitioner with the alleged death of the son of the informant.

It is further submitted that it has transpired during the course of investigation that the deceased was having illicit love affair with the daughter of Ramlakshan Rai and the said Ramlakshan Rai might be the person who might have done away with the deceased in view of the fact that despite several reprimand being made, the petitioner was not heeding to the advise of the said Ramlakshan Rai with regard to not meeting his daughter.

Patna High Court Cr.Misc. No.70833 of 2018(3) dt.10-01-2019 3/3 submitted that the petitioner is having a clean antecedent and is languishing in custody since 21.05.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, East Champaran at Motihari in connection with Turkauliya P.S. Case No. 755 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T