Bachchu Mishra @ Bibhash Kumar Mishra @ Bachchu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22380 of 2016 Arising Out of PS.Case No. -47 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Bachchu Mishra @ Bibhash Kumar Mishra @ Bachchu Jha S/o late Rajesh Mishra, R/o Village- Ramdiri, Loka Singh Tola, P.S.-Matihani, Dist.- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Manoj Kumar No.1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.03.2015 in connection with Sessions Trial No. 260 of 2016 arising out of Begusarai Mufassil (Singhaul) P. S. Case No. 47 of 2015 for the offences instituted under Sections 302 and 201 of the Indian Penal Code.

The prosecution story, in brief, is that the informant, namely, Shankar Singh, stated before S.I. of Singhaul O.P. that on 16.02.2015, his cousin brother, namely Mukesh Kuamr, went out of his house and did not come back. In the morning, it was informed by the villagers that the dead body of Mukesh Kumar is lying in the field of Chandrachur Singh and thereafter he went there and saw that Mukesh Kumar has been

Patna High Court Cr.Misc. No.22380 of 2016 (3) dt.01-08-2016 2/2 murdered by squeezing the throat and both the hands were tied with rope.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is not named in the F.I.R. He has been made accused on the basis of the confessional statement of the co-accused. There is no eye witness to the alleged occurrence.

On behalf of the State, it has been submitted that the name of the petitioner has come during the course of investigation. Considering the aforesaid facts and circumstances, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI, Begusarai in connection with Sessions Trial No. 260 of 2016 arising out of Begusarai Mufassil (Singhaul) P. S. Case No. 47 of 2015.

(Sudhir Singh, J.) Mishra/- U T