Patna High CourtCR. MISC./31223/2016rejected

Ranjak Kumar @ Rankaj Yadav v. The State Of Bihar

2016-09-08Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.31223 of 2016 (3) dt.08-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31223 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Ranjak Kumar @ Rankaj Yadav, Son of Longi Yadav, Resident of Village- Sajua P.S Asarganj, District Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Asarganj P.S. Case No. 76 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, the petitioner and other seven FIR named accused persons took away Kundan Kumar aged 15 years and in the morning his headless dead body was recovered and further his head was also recovered. During investigation some of the witnesses have stated that they have seen the petitioner and others taking away the deceased.

Submission is of false implication and that there is no legal and cogent evidence against the petitioner, no one has seen the petitioner committing the crime, there is general and omnibus allegation, the petitioner is suffering in custody since 06.11.2015

Patna High Court Cr.Misc. No.31223 of 2016 (3) dt.08-09-2016 having no criminal antecedent and there is no chance of tampering with prosecution evidence.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner and others were seen taking away the deceased and further co-accused Dhanraj Yadav confessing his guilt has stated about the manner of occurrence in which the petitioner is also named.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T