Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20626 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Kumar Son of Yogendra Prasad alias Yogendra Sah, resident of Village- Barharwa, P.S.- Muffasil, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. R.C. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 186 of 2015 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. Allegedly, the petitioner, co-accused, Bharat Rai and two unknown person called Golu, the son of the informant and took away him for calculation of the amount, in the night also Golu was seen with the petitioner and others at about 08:00 P.M. and thereafter his dead body was found.

Submission is of false implication and that the petitioner has been made accused only on suspicion, he has

Patna High Court Cr.Misc. No.20626 of 2016 (3) dt.30-06-2016 2/2 surrendered on 03.07.2015 and since then he is in custody, no one has seen the petitioner killing the deceased. The learned APP opposes the prayer of bail by submitting that the petitioner and other co-accused were last seen with the deceased and further the petitioner has admitted regarding his involvement before the police vide para-47 of the case diary. In the facts and circumstances stated above, considering the allegation, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Muffasil P.S. Case No. 186 of 2015 corresponding to Sessions Trial No. 691 of 2015 pending in the Court of learned 13th Additional Sessions Judge, Motihari. (Jitendra Mohan Sharma, J) SHAHZAD/- U T