Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39082 of 2015 Arising Out of PS.Case No. -137 Year- 2014 Thana -GOPALPUR District- PATNA ======================================================

1. Bhushan Kumar S/o Sri Ram Sagar Rai R/o Village Noorpur, P.S. Malsalami, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 394 and 302 of the Indian Penal Code.

It is alleged that on 14.11.2014 in the morning the dead body of son of the informant Awadhesh Kumar was found in the paddy field. The informant has alleged that the deceased had sold Masuri worth Rs.25,000/- 3-4 days ago and he was keeping that money with him. The informant suspected that some miscreants might have killed him and looted money. It has been submitted on behalf of the petitioner that he is in custody since 17.12.2014. Charge-sheet has been

Patna High Court Cr.Misc. No.39082 of 2015 (3) dt.09-10-2015 submitted in the case. There is no allegation of tampering with the evidence against the petitioner. There is no eye witness to the occurrence. Only material against the petitioner is that his name has figured in the confessional statement of co-accused. Except that there is no material to suggest his implication in the present case. Other co-accused Sonu Singh has already been granted bail vide Criminal Misc. No. 20762 of 2015.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Jyoti Kumari, Judicial Magistrate, 1st Class, Patna City in connection with Gopalpur P.S. Case No. 137 of 2014, G.R. No. 329 of 2014. (Sudhir Singh, J) Amin/- U