Patna High CourtCR. MISC./54561/2017bail granted

Radheshyam Kumar @ Radheshyam Mahto And ANR. v. The State Of Bihar

2018-01-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54561 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. Radheshyam Kumar @ Radheshyam Mahto, Son of Krishna Mahato,

2. Sushma Devi, Wife of Radheshyam Mahto, Both are resident of village- Nadiyama, Police Station- Kako, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with S.T. No.348 of 2017, arising out of Kako P.S. Case No.73 of 2017, a case under Sections 363/365/302/201/34 of the Indian Penal Code.

The F.I.R. was lodged on missing of the son of the informant Deepak Kumar @ Ghantilal against the holder of the referred mobile number. The said mobile is not of the petitioners. However, the petitioners were apprehended on suspicion and they confessed before the police. On the basis of confession dead body was allegedly recovered. The petitioners are in custody since

Patna High Court Cr.Misc. No.54561 of 2017 (3) dt.03-01-2018 P2/ 18.04.2017.

Learned counsel for the informant opposed the prayer for bail on the ground that the trial is going on and strong circumstance is there against the petitioners. Considering the entire facts and circumstances especially the nature of circumstantial evidence, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T