Patna High CourtCR. MISC./46286/2016bail granted

Ganeshi Sharma @ Ganesh Sharma v. The State Of Bihar

2017-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46286 of 2016 Arising Out of PS.Case No. -19 Year- 2000 Thana -BASNAHI District- SAHARSA ====================================================== Ganeshi Sharma @ Ganesh Sharma Son of Chhotkan Sharma, Resident of Village- Khajuraha, P.S.- Sonbarsa, Dist- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.

The petitioner seeks bail in Basnahi P.S. Case No. 19 of 2000 registered under Sections 302, 201, 365, 120B of the Indian Penal Code.

The F.I.R. was lodged against unknown after recovery of the beheaded dead body of a female. Learned counsel for the petitioner submits that the name of the petitioner figured in the case in the confessional statement of co-accused Surendra Sharma who disclosed that it was the petitioner who beheaded the lady. Save and except the confessional statement, there is no material against the petitioner. It is further submitted that other accused persons have already been acquitted. It is submitted that the petitioner is a labour and he had gone to Haryana to earn his livelihood. The petitioner is in jail since 20.07.2016.

Patna High Court Cr.Misc. No.46286 of 2016 (4) dt.12-01-2017 2/2 Considering the facts that the petitioner is in jail for last six months on the basis of the so-called confessional statement a co-accused, who has been acquitted, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri B.K. Singh, Judicial Magistrate, Saharsa in Basnahi P.S. Case No. 19 of 2000. The petitioner shall appear on each and every date during the course of trial and if the petitioner defaults in appearing before the trial court on two consecutive dates, the learned trial court shall cancel the bail bonds of the petitioner.

(Prabhat Kumar Jha, J) Dilip/- U T