Tunari Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44228 of 2015 Arising Out of PS.Case No. -122 Year- 2015 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Tunari Singh son of Sri Subodh Singh,

2. Vicky Kumar, son of Binod Singh Both are resident of village- Vaksu, P.S. Rajgir, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.

Petitioners are named and it is alleged that petitioners and other FIR named accused took the deceased from his house in the night of 07-06-2015 and thereafter, in the morning of 09-062015, the dead body of the deceased was found lying in a bush. The impugned order of learned Additional Sessions Judge reveals that the doctor opined that death of the deceased had taken place two days prior as the dead body was found at the stage of decomposed condition.

Admittedly, none has seen actual killing of the deceased

Patna High Court Cr.Misc. No.44228 of 2015 (2) dt.23-09-2015 2/2 and except the theory of last seen, there appears to be nothing against petitioners, who do not have any criminal antecedent. Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Rajgir P.S. Case No. 122 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif.

(Hemant Kumar Srivastava, J) A.K.V./- U T