Vikas Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44484 of 2018 Arising Out of PS. Case No.-182 Year-2017 Thana- KAUWAKOL District- Nawada ====================================================== Vikas Sao, Son of Suresh Sao, Resident of Mohalla- Teli Tola, Bich Bazar Hisua, P.S.- Hisua, District- Nawada.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 15.01.2018 in a case registered for the offences punishable under Sections302 and 201/34 of the Indian Penal Code. The prosecution case is that on recovery of an unidentified dead body, the FIR was registered against unknown at the behest of the Chaukidar. During course of investigation, the body was identified as of Rajesh Manjhi, whose wife had illicit relationship with one Paras Singh, hence, Paras Singh hired two persons to kill the victim, Rajesh Manjhi. During
Patna High Court Cr.Misc. No.44484 of 2018(4) dt.18-02-2019 2/3 investigation, it further transpired that other two persons hired by Paras Singh were Babu Lohar and Vikas Sao, the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of suspicious, the accusation has been levelled and there is no eye witness to the occurrence. The motive for committing the offence is either against co-accused Sabo Devi, the wife of the victim or co-accused Paras Singh. Learned APP after going through the case diary submits that there is no direct evidence against the petitioner but he further submits that during investigation, it transpired that coaccused Babu Lohar and the petitioner were hired by co-accused Paras Singh for eliminating the victim since he used to object the illicit relationship of his wife, Sabo Devi with co-accused Paras Singh, but he concedes that there is no eye witness to the occurrence.
Considering the circumstantial suspicious nature of accusation against the petitioner and thrust of accusation against co-accused Sabo Devi and Paras Singh and the investigation has already been 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 Additional Sessions Judge Ist, Special
Patna High Court Cr.Misc. No.44484 of 2018(4) dt.18-02-2019 3/3 Court, Nawada in connection with Kawakole P.S. Case No. 182 of 2017.
(Dinesh Kumar Singh, J) DKS/- U T