Amardeep Badhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19458 of 2016 Arising out of P.S. Case No. -230 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA =================================================== Amardeep Badhai Son of Deo Narayan Badhai, Resident of Village Saini Tola, P.S- Bakhtiyarpur, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s: Mrs. Renu Kumari (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03.

18.07.2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.11.2015 in connection with Bakhtiyarpur P.S. Case No. 230 of 2015 pending in the Court of Chief Judicial Magistrate, Saharsa for the offences instituted under Sections 364, 302, 201 and 120B of the Indian Penal Code.

The prosecution story, in brief, is that when the Informant returned after attending the marriage ceremony of the daughter of Sitaram Swarnkar he got information in the morning that the accused persons had taken away his brother over a motorcycle. He went in search of his brother to the house of Mukesh Yadav for enquiry who abused the Informant. It is alleged that prior

Patna High Court Cr.Misc. No.19458 of 2016 (3) dt.18-07-2016 to it Mukesh Yadav has attacked his brother to kill him with firearm which hit on the thigh. It is also alleged that due to old enmity the accused persons has killed and disappeared the dead body.

It has been submitted that the petitioner is in custody since 26.11.2015.

Charge-sheet has been submitted.

The petitioner has got no criminal antecedents. There is no allegation of tampering of evidence against the petitioner. It is a case of last seen except that there is no other substantive evidence to implicate the petitioner in the present case. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let 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 Chief Judicial Magistrate, Saharasa in connection Bakhtiyarpur P.S. Case No. 230 of 2015. Vikash/- (Sudhir Singh, J.) U T