Bablu Kumar @ Bablu Thikedar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76603 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Bablu Kumar @ Bablu Thikedar S/O Indradev Rai R/O Vill - Choti Eghu, P.S. - Mufassil, Dist - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Anjani Pd. Singh, Adv.
For the Opposite Party/s :
Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nagar P.S. Case No. 329 of 2022 instituted for the offences under Sections 302, 201, 120(B) of the Indian Penal Code.
3. The prosecution case, in short, is that the brother of the Informant, namely, Abdul Wakil (deceased) was residing with his second wife and his son. On 02.06.2022, the Informant got an information that his brother was missing. Thereafter, he tried to search his brother when the wife of his brother stated that co-accused, Bablu Thekedar had taken his brother and the son on bike. Thereafter, he left the son of the deceased and said that the brother of the Informant has gone towards market. It is
Patna High Court CR. MISC. No.76603 of 2023(2) dt.04-12-2023 2/3 further alleged that on 05.06.2022, the Informant got an information that a dead body has been found. The Informant identified the dead body of his brother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of suspicion. He further submits that the present case is a case of last seen together and there is no eye-witness of the occurrence. The petitioner has no criminal antecedent as has been stated in Para-3 of the present bail application. He further submits that the victim has been traceless since 30.05.2022 but, the F.I.R. has been lodged on 05.06.2022. Learned counsel for the petitioner further states that the co-accused/Sahin Praveen @ Farhat Shaheen has been granted bail by a Co-ordinate Bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 47603 of 2023.
5. The petitioner is in custody since 24.07.2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having considered the entire facts and circumstances of the case and the rival submissions of the learned counsel for the parties as also taking into account the petitioner having no criminal antecedent, let the petitioner,
Patna High Court CR. MISC. No.76603 of 2023(2) dt.04-12-2023 3/3 abovenamed, 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 Court below/concerned Court in connection with Nagar P.S. case No. 329 of 2022. (Rudra Prakash Mishra, J) rishi/- U T