Mahesh Kumar @ Mahesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1286 of 2015 Arising Out of PS.Case No. -495 Year- 2014 Thana -PHULWARI (JANIPUR) District- PATNA ======================================================

1. Sanjay Raut Son of Yogendra Ram Resident of Village - Noorpur Jagir Mohalla - P.S. - Barauni, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.14160 of 2015 Arising Out of PS.Case No. -495 Year- 2014 Thana -PHULWARI (JANIPUR) District- PATNA ======================================================

1. Mahesh Kumar @ Mahesh Kumar Rai S/o Sri Awadhesh Rai Resident of Village Chaknur, P.S. Mufassil, District Samastipur. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.1286 of 2015) For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Khurshid Anwar(App) (In Cr.Misc. No.14160 of 2015) For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Md.Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-05-2015 Both the above stated petitions have arisen out of Phulwarisharif (Janipur) P.S. Case No. 495 of 2014 initially registered for the offence punishable under Section 365 of the Indian Penal Code and later on, Sections, 364, 302, 201, 120B/34 of the Indian Penal Code were also added and accordingly, both

the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners are not named in the first information report and it appears that in course of investigation, they were arrested on the basis of call details and made their confessional statements.

Learned counsel appearing for the petitioners submits that except the confessional statements and suspicion, there is nothing against these petitioners.

On contrary, learned counsel appearing for the informant submits that in course of investigation, it was detected that on the alleged date of occurrence, petitioner in Cr. Misc. No. 1286 of 2015 had talked with the deceased and on the alleged date of occurrence his mobile location was found at Samastipur and moreover, when the above stated petitioner was taken into custody, he took the police to the place of occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 495 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T