Patna High CourtCR. MISC./41956/2017bail granted

Ramesh Singh @ Fudka v. The State Of Bihar

2017-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41956 of 2017 Arising Out of PS.Case No. -49 Year- 2010 Thana -SAHARSA District- SAHARSA ======================================================

1. Ramesh Singh @ Fudka Son of Late Jamadar Singh resident of village - Kejri, P.S. Beldour, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2017 Perused the report kept at 'x' and accepted the same. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 49/2010 dated 05.02.2010 which was initially instituted for the offence under Section 364 of the Indian Penal Code, but later Sections 302, 201, 420, 379 and 34 of the Indian Penal Code were also added.

The driver of the tractor of the informant went missing along with the tractor. In the F.I.R., the informant has suspected the hand of the petitioner also along with others, though without any basis. During the course of investigation, the dead body of the driver was recovered and thereafter Section 302 and other Sections of the Indian Penal Code were also added. From the impugned order, it appears that the name of

Patna High Court Cr.Misc. No.41956 of 2017 (5) dt.22-12-2017 2/2 the petitioner transpired on the statement of a co-accused. That evidence against the petitioner, it has been argued, is also of a weak nature, inasmuch as nothing specific has been alleged against him. It has also been submitted on behalf of the petitioner that under similar circumstances one another co-accused, Anant Yadav, has been granted bail by a Bench of this Court way back in the year 2011 in Cr. Misc. No. 33037/2010.

The petitioner is in custody since 30.06.2016 and has clean antecedent.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st , Saharsa in connection with Saharsa Sadar P.S. Case No. 49/2010.

(Ashutosh Kumar, J.) Rakhi U T