Patna High CourtCR. MISC./76731/2019bail granted

Binod Tuddu v. The State Of Bihar

2020-06-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76731 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Binod Tuddu, S/o Late Daso Tuddu, R/o village- Bhadbari, P.S.- Jhajha, District- Jamui ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. By way of the present application, the petitioner has sought for pre-arrest bail in connection with Jhajha P.S. Case No.15 of 2018 registered for the offences punishable under Sections 302 read with 34 of the Indian Penal Code. As per prosecution case, some unknown person had committed the murder of the father of the petitioner Daso Tuddu. During investigation, a suspicion has been raised against the petitioner, as his father, who was an employee in Railway, was going to retire after two days of the occurrence of offence. A contention has been made that save and except hypothetical presumption and wild suspicion, during investigation, no material has come to show the culpability of the petitioner or his complicity in commission of the murder.

Patna High Court CR. MISC. No.76731 of 2019(4) dt.19-06-2020 2/2 Learned counsel appearing for the State has opposed the application for grant of pre-arrest bail to the petitioner.

Regard being had to the submissions made above, as even on perusal of the case diary, I find that save and except suspicion, there is no material to show the complicity of the petitioner, he is directed to be released on bail in the event of arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-cum-Railway Magistrate, Kiul, Lakhisarai in connection with G.R.P. Jhajha P.S. Case No.15 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T