Balkishun Khaira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30259 of 2016 Arising Out of PS.Case No. -113 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Balkishun Khaira Son of late Ramdhari Khaira Resident of Village Kenduatar, Tola, Sanghara, Police Station Jhajha, district Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard.

Petitioner is named in the First Information Report. The informant claims to have identified the petitioner while petitioner and other FIR named accused were taking away the deceased and Ramjit Yadav. The informant also claims that all the culprits had covered their faces by gamcha. However, at para8 of the case diary, the statement of Ramjit Yadav has been incorporated by the I.O. and the aforesaid witness stated the name of the petitioner and some others in connection with first phase of the occurrence and so far as the second phase of the occurrence is concerned, the aforesaid witness clearly refused to have identified any of the culprits what to say about the petitioner. Considering the aforesaid facts and

Patna High Court Cr.Misc. No.30259 of 2016 (4) dt.20-10-2016 2/2 circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 08.10.2015 and the investigation has already been completed, 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 SDJM, Jamui in connection with Jhajha P.S.Case No.113 of 2014.

(Hemant Kumar Srivastava, J) B.Kr./- U T