Patna High CourtCR. MISC./72729/2018bail granted

Binod Singh v. The State Of Bihar

2019-01-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72729 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- PIRO District- Bhojpur ====================================================== Binod Singh Son of Shri Damari Singh Resident of Village- Gangsar (Allu Dera), P.S. Piro(Hassan Bazaar), District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Shashank Shekhar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Piro (Hassanbazar) P.S. Case No. 117 of 2018 instituted for the offence under Section(s) 364 of the Indian Penal Code. Later on Sections 302, 201 and 120B of the IPC was added. In the written report, it is alleged that this petitioner along with other co-accused took the husband of the informant on the pretext to purchase she buffalo and he did not return. Learned counsel for the petitioner submits that alleged occurrence has taken place on 03.04.2018 whereas the FIR has been lodged on 07.04.2018. The petitioner has been implicated in this case merely on suspicion. It has further been submitted

Patna High Court Cr.Misc. No.72729 of 2018(3) dt.09-01-2019 2/2 the dead body was recovered on 12.04.2018 and the postmortem was done wherein the doctor has mentioned that time elapsed since death is more than 72 hours.

From the written report itself it appears that petitioner was last seen with the deceased. There is no specific allegation against this petitioner in the written report. Petitioner is in custody since 28.05.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Bhojpur at Ara in connection with Piro (Hassanbazar) P.S. Case No. 117 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T