Patna High CourtCR. MISC./45847/2016bail granted

Awadhesh Kumar v. The State Of Bihar

2016-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45847 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ====================================================== Awadhesh Kumar Son of Jai Narain Yadav. Resident of village- Belo, Tol Bhitta, P.S. Murliganj, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar, Advocate For the Opposite Party/s : Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120(B)/34 of the I.P.C. Allegation is that the accused persons including the petitioner under conspiracy committed the murder of the son of the informant in order to grab loan amount and kept his dead body on railway track in order to disappear the evidence by showing accident from train.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.6.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.45847 of 2016 (3) dt.28-11-2016 2/2 petitioner has been named in the F.I.R. merely on the basis of suspicion. It is at best a case of last seen. The alleged occurrence is said to have taken place on 7.12.2015 whereas F.I.R. has been instituted on 12.4.2016. Delay has not been explained by the prosecution. The other co-accused has been granted bail vide Annexure 3 to the present application and Cr.Misc.No.45357 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. case No.113 of 2016.

(Sudhir Singh, J) Narendra/- U T