Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29626 of 2016 Arising Out of PS.Case No. -55 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Prem Kumar Son of Ram Sevak Rai resident of village - Laguniya Surykanth, P.S. Mufassil, District - Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. Allegation is that informant's son went to sleep at their Bathan but in the morning he was found missing. Later on, his dead body was recovered from Ratrash Chour. Petitioner has been made accused only on the basis of suspicion.

It has been submitted on behalf of the petitioner that he is in custody since 3.4.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. He is not named in the F.I.R. Prior to the occurrence petitioner is said to have talked to the deceased on mobile. Other co-accused named in the F.I.R. has been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.29626 of 2016 (4) dt.05-09-2016 2/2 of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur, in connection with Warishnagar P.S. Case no. 55 of 2015.

(Sudhir Singh, J) sudip/- U T