Patna High CourtCR. MISC./51521/2017bail granted

Gautam Kumar v. The State Of Bihar

2018-01-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51521 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Gautam Kumar, S/o-Sri Kamlesh Singh @ Kamlesh Sharma, Resident of Village-Ekawari, P.S.-Sahar, District-Bhojpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/120B/201 of the Indian Penal Code.

Only material against the petitioner in the FIR is that the petitioner and others have taken away the deceased and thereafter dead body was found from a well. The case diary would reveal that there is no eye witness of the occurrence. Learned counsel for the informant opposed the prayer for bail on the ground that on very same material, some other co-accused Amit Kumar @ Amit Kumar Roy and Mukesh Kumar @ Mukesh Singh @ Mukesh Sharma have been refused

Patna High Court Cr.Misc. No.51521 of 2017 (4) dt.03-01-2018 bail by a Coordinate Bench of this Court on 28.08.2017 in Cr.Misc.No.31096 of 2017 and Cr.Misc.No. 35077 of 2017 on14.09.2017 respectively.

Perused the aforesaid orders. It does not reveal that anything more was there against the accused persons. Considering the fact that only material against the petitioner is circumstance of last seen and the petitioner is in custody since 21.04.2017, in my view, the petitioner deserves bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahar Police Station Case No.11 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T