Patna High CourtCR. MISC./33503/2016bail granted

Baban Kumar v. The State Of Bihar

2016-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33503 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -DHANARUA District- PATNA ======================================================

1. Baban Kumar, son of Yogendra Prasad @ Yogendra Yadav, resident of Village Habipur, P.S Punpun District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Yadav For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 302, 201 and 120B of the Indian Penal Code. According to FIR, a Dafadar, Birendra Prasad Singh of village Sevati, P.S. Dhanarua,District- Patna gave his statement to the effect that on 20.02.2016 he was deputed at Pathrahat Yagya to maintain law and order, at about 10 hours the informant received information that in a wheat field two headless dead bodies were thrown in the field of Vijendra Yadav.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.03.2016. Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses

Patna High Court Cr.Misc. No.33503 of 2016 (3) dt.27-09-2016 2/2 alleged against the petitioner. The name of the petitioner has come on the confessional statement of co-accused. It is alleged that the petitioner has sold the mobile of the deceased to one Sunny Kumar. There is no eye witness to the alleged occurrence. There is no substantive evidence to suggest the implication of the petitioner in the alleged occurrence.

On behalf of the State and counsel for the informant, it has been submitted that the petitioner is not named in the FIR. Considering the facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna in connection with Dhanarua P.S.Case No. 75 of 2016. (Sudhir Singh, J) singh/- U T