Sandeep Thakur @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34915 of 2019 Arising Out of PS. Case No.-68 Year-2017 Thana- RUDRAPUR District- Madhubani ====================================================== Sandeep Thakur @ Sandeep Kumar, Son of Mohan Thakur, Resident of Village- Durga Sadan, Ward No. 19 Vidyapati Nagar, Saharsa, P.S.- Sadar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.11.2018 in a case registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

The prosecution case based on the written report of the Chaukidar being informant of the case is that after having receiving an information that one dead body is lying in water near road the informant reached at the spot and found a dead body, leading to registration of FIR against unknown. During investigation one mobile with sim card of the

Patna High Court CR. MISC. No.34915 of 2019(2) dt.28-05-2019 2/3 deceased was recovered from the mother of the petitioner whereas on the confession of the father of the petitioner, the car of the deceased was recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. No recovery has been made from the possession of the petitioner and parents of the petitioner being Mohan Thakur and Riva Devi have been granted bail by a Coordinate Bench of this Court vide order dated 29.10.2018 passed in Cr. Misc. No. 57805 of 2018. Moreover, statement has been made in paragraph 3 of the petition that the petitioner is accused in one another case.

Learned APP submits that the name of the petitioner sprang up during investigation and the mobile phone of the deceased was recovered from the possession of the mother of the petitioner and the car of the deceased was recovered on the confession of the father of the petitioner.

Considering the accusation based on circumstantial evidence and the investigation being concluded, let the above named petitioner 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 A.C.J.M.-II,

Patna High Court CR. MISC. No.34915 of 2019(2) dt.28-05-2019 3/3 Jhanjharpur in connection with Rudrapur P.S. Case No. 68 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T