Pradhan Kishku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34439 of 2015 Arising Out of PS.Case No. -689 Year- 2014 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Pradhan Kishku son of Tiru Kishku, resident of village- Pansahi (Santhali) P.S.- K. Nagar, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with K. Nagar P.S. Case No. 689 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, Vinod Mandal the son of the informant had gone for fishing but he did not return his home and then the informant started searching and in course of search cloth and bicycle of his son were recovered from the house of the petitioner and after getting information that dead body is lying at Kasba Rahika Bahiyar he went there and identified the dead body of his son. It is also alleged that due to some dispute regarding fishing the petitioner and other FIR named accused persons have

committed the murder and threw the dead body. Submission is of false implication and that besides suspicion there is nothing against the petitioner. The alleged recovery of cloth and bicycle is imaginary, there is no such seizure list nor the informant has produced the same before the Police. The petitioner has got no criminal antecedent, without any tangible material chargesheet has already been submitted and there is no direct or circumstantial evidence to suggest the involvement of the petitioner in the present case and co-accused Saryug Mandal has been allowed bail vide order dated 12.08.2015 passed in Cr. Misc. No. 23412 of 2015 by another co-ordinate Bench of this Court.

Learned APP fairly submits that regarding alleged recovery there is no seizure list and the informant has not produced the same before the Police.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge, Purnea in connection with K. Nagar P.S. Case No. 689 of 2014, subject to the conditions that one of the bailors must be a near relative and another having

sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T