Gyandip Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.56816 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56816 of 2015 Arising Out of PS.Case No. -121 Year- 2015 Thana -ALAMGANJ District- PATNA ======================================================

1. Gyandip Kumar Son of Parasnath Mahto, Resident of Mohalla- Bari Patan Devi Colony, P.S- Alamganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is not named in the first information report but in course of investigation, FIR named accused Vikky confessed his guilt disclosing this fact that pistol, used in the alleged crime, belonged to the petitioner and subsequently, used pistol was recovered from possession of the petitioner.

Learned counsel for the petitioner submits that FIR named accused Mantu Chaudhary has already been granted privilege of bail and even if confessional statement of accused assumed to be true, then also, it is obvious that the petitioner had not taken active part in committing murder of the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like

Patna High Court Cr.Misc. No.56816 of 2015 (2) dt.16-12-2015 amount each to the satisfaction of the Addl. Sessions Judge V, Patnacity in Sessions trial no. 785/2015 arising out of Alamganj P.S. Case no. 121/2015.

shahid (Hemant Kumar Srivastava,J) U T