Ganga Mistri @ Ganga Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.36961 of 2018 (3) dt.31-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36961 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -JAMUI District- JAMUI ======================================================

1. Ganga Mistri @ Ganga Sharma, S/o Late Suk Deo Mistry, Residence of Village- Khargour, P.S. & District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 19.04.2018 in connection with Jamui P.S. Case No. 85 of 2018 corresponding to G.R. No. 536 of 2018 for the offence registered under Sections 302/34/120(B) of the Indian Penal Code.

Learned counsel for the informant resisted the present application for bail on the ground that the petitioner had made a confessional statement made before the police and pursuant to the said confessional statement, the phone of the deceased was recovered from well and in that phone it was found that the petitioner had communicated from that phone. It is further submitted that thereafter, the body of the deceased was recovered

Patna High Court Cr.Misc. No.36961 of 2018 (3) dt.31-07-2018 with serious injuries and his motorcycle was also recovered. Learned counsel for the State, after perusal of the case diary, submits that there is ample material in the case diary so as to implicate the petitioner in connection with the present case as the petitioner had, in fact, used the sim as well as the phone of the petitioner after the deceased went missing.

In view of the aforesaid facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T