Sanjay Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20133 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -JHAJHA District- JAMUI ====================================================== Sanjay Hembram Son of Late Bikku Hembram Resident of village - Uparsopaha, P.S. Chandramandi, District - Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anuj Kumar, Advocate. For the Opposite Party : Mr. A.A.Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Jhajha P.S. Case No. 156 of 2015 for the offences instituted under Sections 302, 201/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 17, 18, 19, 20, 21 and 22 of U.A.P.A. Act.

The prosecution story in brief, is that on 27.08.2015 at 10.15 P.M., some unknown Maoist came at the house of informant and caught his son Kailash Yadav, who was sitting on a cot outside the house and took him away towards southern side at Tola Bhotolia. Thereafter, the informant heard the sound of three firing then he along with other villagers went there and found that

Patna High Court Cr.Misc. No.20133 of 2016 (3) dt.19-07-2016 2/2 his son was shot dead. The informant found one parcha below the brick. The informant stated that some unknown Maoist killed his son.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.08.2015. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. The petitioner is not named in the F.I.R. Except the confessional statement of the petitioner under section 161 Cr.P.C., there is no other material to suggest his implication in the present case. The other co-accused having similarly situated case have been granted bail vide Cr. Misc. No. 16366 of 2016. On behalf of the state it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation.

Considering the aforesaid facts and circumstances, 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 the learned Sessions Judge, Jamui, in connection with Jhajha P.S. Case No. 156 of 2015. (Sudhir Singh, J.) Amit/- U T