Babjan Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86488 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== BABJAN KUMAR @ BITTU KUMAR, Son of Dilip Paswan, Resident of Village- Panchveer, Ward No.7, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant who is police officer has stated that on 18.07.2019 at 8:45 he received information that near Takhanna High School a dead body of unknown persons has been kept, after receiving such information he reached there and found dead body of unknown person in a ditch covered with husk.

Patna High Court CR. MISC. No.86488 of 2019(4) dt.01-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. The name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Sushil Kumar. Petitioner is in custody since 28.07.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 225 of 2019 subject to the conditions that:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.86488 of 2019(4) dt.01-06-2020 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T