Gajendra Kumar @ Gajendra Kushwaha v. The State Of Bihar
Patna High Court Cr.Misc. No.19170 of 2016 (2) dt.05-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19170 of 2016 Arising Out of PS.Case No. -157 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gajendra Kumar @ Gajendra Kushwaha son of Deepalal Mahto resident of village - Basmanpur Kakahiya Tola, P.S. - Muffasil Motihari, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 364, 302, 201 and 120B of the Indian Penal Code.
Petitioner is named in the first information report and it is alleged that petitioner and one co- accused Jitendra Kushwaha took the deceased on motorcycle and subsequently, dead body of the deceased was recovered from a river having several injuries on his person.
The contention on behalf of the petitioner is that co- accused Jitendra Kushwaha, who confessed his guilt disclosing names of others including the petitioner, has already been granted privilege of bail by a coordinate bench of this court vide order dated 4.3.2015 passed in Cr. Misc. no.5137/2015 and similarly, several other co-
Patna High Court Cr.Misc. No.19170 of 2016 (2) dt.05-05-2016 accused have already been granted privilege of bail by different benches of this court.
So far as petitioner is concerned, he is languishing in jail custody since 29.2.2016 and does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, taking note of this fact that having similar allegation co- accused Jitendra Kushwaha has already been granted privilege of bail, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Mufassil P.S. Case no. 157/2014. shahid (Hemant Kumar Srivastava,J) U T