Gaurav Kumar @ Tinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56635 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Gaurav Kumar @ Tinku Son of Ram Balak Mahto, resident of villageBidyapur, P.S.-Araria, Distt.-Sheikhpura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kr. Sinha For the Opposite Party/s : Mr. M.K. Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Ariyari P.S. Case No. 82 of 2015 registered for offences under sections 302 and 201 of the Indian Penal Code. The victim and the present petitioner are the students of Standard IXth of Saraswati Vidhya Mandir along with his brother and sister. The victim received a phone call on 5th July 2015 whereupon he moved and later on, his dead body was recovered from the ditch, the victim received vital injury on his head which led to his death.

The counsel for the petitioner submits that no material has been recovered during the investigation connecting

Patna High Court Cr.Misc. No.56635 of 2015 (3) dt.09-02-2016 2/2 the petitioner with respect to the aforesaid incident but looking to the whole evidence that has been collected during investigation it appears that the victim had gone along with the petitioner and later on, his dead body was recovered. It is a case of last seen. This Court is not inclined to grant bail to the petitioner at this stage. Accordingly, this petition is rejected. However, the petitioner may renew his prayer for bail after ten months of custody.

(Shivaji Pandey, J) Mahesh/- U T