Jhunnu Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61329 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Jhunnu Gop S/o Late Yogendra Yadav @ Gorakh Yadav, R/o VillageBrijpur, P.S.- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Chandi P.S. Case No.64 of 2017, a case under Sections 363/364A/120B/34 of the Indian Penal Code.

According to F.I.R., the husband of the informant left his house and thereafter he is missing. In the further statement the informant stated before the police that the petitioner and others had threatened the informant that deceased had received heavy compensation in the land acquisition matter.

Learned counsel for the petitioner submits that there is no witness before the police uptil now to show that the

Patna High Court Cr.Misc. No.61329 of 2017 (2) dt.19-12-2017 P2/ petitioner was seen along with the deceased. However, there is confessional statement of co-accused before the police wherein name of the petitioner had transpired.

Learned counsel for the informant opposed the prayer for bail on the ground that the victim is still traceless and co-accused Tulla Yadav, who had confessed before the police, was refused bail by a coordinate Bench of this Court. Considering the fact that there is no substantial material against the petitioner for the purpose of consideration of pre-trial bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chandi Police Station Case No. 64 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T