Bablu Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.919 of 2020 Arising Out of PS. Case No.-253 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== BABLU NUT S/o Chhotak Nut R/o village- Tarwa, P.S.- Siwan Muffasil, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-06-2020 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 is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code. Allegedly, the accused persons took out the informant's brother from his home and thereafter, the dead body of the brother of the informant was found lying near Hero Agency. It is also alleged that the motorcycle of informant's was also found there in damage condition.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.919 of 2020(3) dt.17-06-2020 2/3 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the FIR, it is a case of last seen. There is no eye witness to the alleged occurrence with respect to the offence under Section 302 of the Indian Penal Code. After investigation, police submitted final form against the petitioner. The court below differed with the final form and took cognizance against him. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 253 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.919 of 2020(3) dt.17-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T