Gyas Nandan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33835 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -SAMHO District- BEGUSARAI ======================================================

1. Gyas Nandan Singh, Son of Akleshwar Prasad Singh, resident of VillagePokhariya Ward No. 39, Police station- Town in the district of Begusarai.

2. Sanjeev Kunwar, Son of Ramashray Kunwar, resident of VillageManiappa, Police Station- Matihani in the district of Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

As per the prosecution story, the Chawkidar received information that a dead-body of an unknown girl without head is lying near Ganga Soti Gajju Dhab and then he informed the SHO of Samho P.S. about the occurrence and recorded his fardbeyan. Initially, First Information Report was filed against unknown. But, subsequently, name of the petitioners surfaced in course of investigation.

Patna High Court Cr.Misc. No.33835 of 2015 (3) dt.05-10-2015 P2/2 It has been submitted of behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners are in custody since 30.04.2015. Chargesheet has been submitted in the present case. Petitioners are not named in the First Information Report. There is no direct or indirect evidence. Petitioners' name has come in course of investigation. There is no allegation of tampering with the evidence.

It has been submitted on behalf of the State that the petitioners' name has come in course of investigation merely on the basis of suspicion.

Considering the aforesaid facts and circumstances, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Begusarai in connection with Samho P.S. Case No. 18 of 2015.

(Sudhir Singh, J) Saif/- U T