Gautam Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44393 of 2016 Arising Out of PS.Case No. -304 Year- 2013 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Gautam Ojha S/o Krishna Mohan Ojha, R/o Village- Khabra, P.S.- Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No.304 of 2013 registered under Sections 302/201 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that after recovery of the unknown dead body of male, Sadar P.S. Case No. 304 of 2013 was instituted under Sections 302/201 of the I.P.C. against unknown. In course of investigation, in the supervision note of D.S.P. and S.P., as detailed in 20 and 32 of the case diary, the dead body was identified by one Ravi Bhushan Singh as Suraj Kumar Singh son of Siya Ram Singh, who also stated that in the

Patna High Court Cr.Misc. No.44393 of 2016 (2) dt.22-10-2016 2/2 night of 17.08.2013, he talked to the deceased, who told that he is with Munna and showed apprehension of his murder at the hand of this petitioner. The statement of Siya Ram Singh also detailed in the supervision note, who also stated that in the night of 17/18.08.2013 at about 01:00 am., he talked with deceased who said that he has with Munna, he expressed suspicion that his son has been murdered by Munna Singh and his associates. As such, except suspicion there is nothing against the petitioner to show his involvement in the present case.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur in connection with Sadar P.S. Case No. 304 of 2013, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T