Manish Kumar @ Govi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36295 of 2015 Arising Out of PS.Case No. -230 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Manish Kumar @ Govi S/o Late Ram Bilas Yadav R/o Village Gospur, Ward No.1, P.S. Salkhua, Distt- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Ram Sumiran Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is not named in the first information report but in course of investigation, he was arrested on suspicion as some suspected accused had come to meet the petitioner. The petitioner after his arrest, made confessional statement, disclosing this fact that co-accused Chandan Yadav had narrated him about the manner, in which, the deceased was killed and, thereafter, on his suggestion, the dead body of deceased was buried in a field. Thereafter, on the basis of above-said disclosure, made by this petitioner, the dead body of the deceased was recovered. Learned counsel for the petitioner submits that even if, the aforesaid confessional statement of petitioner assumed to be

Patna High Court Cr.Misc. No.36295 of 2015 (2) dt.31-08-2015 2/2 true, then also, the petitioner had not taken active part in committing the murder or disposing of the dead body of the deceased and at best, the petitioner could have been made a witness in the present case.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Simri Bakhtiyarpur P.S. Case No. 230 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Saharsa. (Hemant Kumar Srivastava, J) A.K.V./- U T