Rakesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41149 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Rakesh Kumar Chaudhary Son of Hemant Chaudhary alias Girdhari Chaudhary, Resident of village- Jitwarpur Kumihara, P.S. Sarairanjan, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. According to the prosecution case, petitioner took the deceased from his house and thereafter the dead body of the deceased was recovered from a ditch. In course of investigation, the witnesses stated the aforesaid fact but even if the aforesaid fact assumed to be true, then also, it is only a case of last seen and admittedly, not a single prosecution witness came forward in course of investigation to claim himself to be an eye witness of the alleged occurrence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named,

Patna High Court Cr.Misc. No.41149 of 2015 (2) dt.11-09-2015 2/2 be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Samastipur in connection with Musrigharari P.S.Case No. 55 of 2015 (Hemant Kumar Srivastava, J) Namita/- U T