Abhay Singh @ Fantoosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23503 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -BODHGAYA District- GAYA ====================================================== ABHAY SINGH @ FANTOOSH, S/O PRAMANAND SINGH, RESIDENT OF VILLAGE- SIKAHAR, P.S.- MUFFASIL, DISTRICTGAYA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== with Criminal Miscellaneous No.36561 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -BODHGAYA District- GAYA ====================================================== MD. JAWED, SON OF MD. SALIM, RESIDENT OF VILLAGE - DANGRA, P.S. MOHANPUR, DISTT. - GAYA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

(In Cr.Misc. No.23503 of 2015) For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Indu Bala Pandey(App) (In Cr.Misc. No.36561 of 2015) For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Both applications are related to Bodh Gaya P.S. Case No. 252 of 2014 registered under Sections 302 and 201/34 of the Indian Penal Code, hence both applications are heard together and

are being disposed of by common order.

On the basis of written report, present case was registered under Section 302 of the Indian Penal Code against the unknown after recovery of a dead body. Later on, dead body was identified as Surendra Yadav by his wife.

Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. rather in course of investigation, co-accused, Dhakaniya Chaudhary @ Dhakani Chaudhary @ Sntosh, disclosed the name of petitioners and others showing the involvement for committing the murder of deceased, Surendra Yadav, except that there is nothing against the petitioners. It is further submitted that co-accused, Dhakaniya Choddhary @ Dhakani Chaudhary @ Sntosh has already been granted privilege of bail by a Bench of this Court vide order dated 25.06.2015 passed in Criminal Misc. No. 19986 of 2015. It is further submitted that petitioner, Abhay Sngh @ Fantoosh, is in custody since 11.11.2014 and petitioner, Md. Jawed, is in custody since 23.12.2014.

Having regard to the facts and the circumstances of the case, the petitioners above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case No. 252 of 2014.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T