Anand Mohan @ Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18385 of 2017 Arising Out of PS.Case No. -579 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Anand Mohan @ Bhulla, S/o Ramanuj Singh @ Anuj Singh, Resident of Maheshwara, P.S.- Nawkothi, District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar, Advocate For the Opposite Party : Mr. Kanhaiya Kishore (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Town (Ratanpur) P.S Case No. 579 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, Rajbardhan Kumar, aged about 20 years the son of the informant was found dead in maize filed and the police took away the dead body and then the informant and his villagers identified the dead body at Sadar Hospital and accordingly the F.I.R. was registered against unknown. During investigation, the name of the petitioner transpires in the confessional statement of Rajeev Kumar, vide para 65 of the case

Patna High Court Cr.Misc. No.18385 of 2017 (5) dt.03-07-2017 2/3 diary, and thereafter the petitioner was apprehended and he is in custody since 20.02.2017.

Submission is of false implication and that besides confessional statement of co-accused made before the police there is no legal and cogent material against him, no one has seen the actual killing and only on the basis of confessional statement, the petitioner is suffering in custody and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. after going through the case diary submits that the name of the petitioner has come in the confessional statement of Rajeev Kumar wherein he has been described as one of the assailant.

In the facts and circumstances stated above, considering that besides confessional statement there is no other legal material against the petitioner and, as such, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town (Ratnapur) P.S. Case No. 579 of 2016, 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

Patna High Court Cr.Misc. No.18385 of 2017 (5) dt.03-07-2017 3/3 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.) Rajiv/- U T