Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38598 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- PHULWARI District- Patna ====================================================== Santosh Kumar, aged about 24 Years, S/o Sharan Shab, R/o Shivaji Path, Yarpur, P.S. & P.O.- Gardanibagh , District- Patna-800001. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Phulwari Sharif P.S. Case No. 47 of 2018 registered for the offence punishable under Sections 302, 201, 120(b) & 34 of the Indian Penal Code.

Informant in his fardbeyan has stated that on 20.01.2018 at about 7.30 PM his younger brother Vikash Kumar alongwith his friend Ranjan Kumar @ Chunnu went on a Appache motorcycle for participating in birthday function of his friend. At 9.00 PM Vikash Kumar informed him that he will return after one hour but his brother did not return back. Next day he found that mobile phone of the Vikash Kumar was switched off then he informed the local police, Gardanibagh thereafter the police informed him that two dead bodies were

Patna High Court Cr.Misc. No.38598 of 2018(3) dt.24-08-2018 2/2 found in village which were of Ranjan Kumar and Vikash Kumar lying in a ditch and were partly burnt.

It has been submitted by the learned counsel for the petitioner that petitioner is not named in the FIR. His name has transpired on confessional statement of other two accused, namely, Subhash Paswan & Deepu Kumar who have been arrested in connection with this instant case. Petitioner has no criminal antecedent and he is in custody since 24.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubJudge-XV-cum A.C.J.M., Patna, in connection with Phulwari Sharif P.S. Case No. 47 of 2018.

(S. Kumar, J) veena/- U T