Bipin Kumar Azad @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69313 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== BIPIN KUMAR AZAD @ BIPIN KUMAR Son of Late Sigheswar Mahto @ Late Sidheshwar Mahto Resident of Village- Madhua, P.S.- Bakhri, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201, 120(B) of the I.P.C.

The prosecution case, in short, is that on 17.07.2019 in the morning Chaukidar received information that one dead body was lying in a well near village Dangrapar Bharaithi Pool. Thereafter the informant went there and found one unknown

Patna High Court CR. MISC. No.69313 of 2019(5) dt.03-06-2020 2/3 dead body lying in the well. He informed the P.S. through mobile and dead body was taken out from the well with the help of local people. The informant claimed that after committing murder at some where else the dead body had been thrown in the well.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in this case on confessional statement of the coaccused. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S. case No.266 of 2019.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.69313 of 2019(5) dt.03-06-2020 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U P