Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5157 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Prince Kumar, Son of Rajiv Prasad Jaisawal @ Rajiv Kumar Jaiswal, Resident of Village- Pratap Patti, P.S.- Sahebganj, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.5571 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Santosh Kumar Yadav, Son of Kamal Ray, resident of Village- Bagahi Malikana, P.S. Motipur, District- Muzaffarpur at present address of Village Khantri, Mahanand Tole Bagahi, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.5157 of 2018) For the Petitioner/s : Mr. Alok Kumar Alok Mr. Nirmal Kumar For the Informant : Mr. Pushpendra Kumar Singh & Smt. Divya Bharti For the Opposite Party/s : Mr. Sri Mustaque Alam (In Cr.Misc. No.5571 of 2018) For the Petitioner/s : Mr. Arun Kumar For the Informant:- Mr. Pushpendra Kumar Singh & Smt. Divya Bharti For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-03-2018 Both the bail applications (Cr. Misc. No. 5157 of 2018 and Cr. Misc. No. 5571 of 2018) arise out of common FIR and therefore are being disposed of by this common order.
Heard learned Counsel for the petitioners and the State. Petitioners, already in custody since 23.8.2017 and 14.11.2017 respectively, seek bail in Motipur PS Case No. 212 of
Patna High Court Cr.Misc. No.5157 of 2018 (5) dt.26-03-2018 2017 registered under Section 364 of the IPC. The allegation in brief is that grand son of the informant went along with his friend Deepak to some place but thereafter both did not return back.
It is contended that the FIR is against unknown, merely on the information of the spy the petitioners have been implicated in this case, except the so called confessional statement there is no other material against the petitioners and the dead body has not been recovered.
Having considered the said facts and circumstances, the petitioners, namely, Prince Kumar and Santosh Kumar Yadav are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) by each one of them with two sureties of the like amount each to the satisfaction of SDJM West Muzaffarpur in connection with Motipur PS Case No. 212 of 2017. (Arun Kumar, J.) Snkumar/- U T