Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.306 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Suraj Kumar son of Sri Raj Kumar Singh, resident of Village- Pathra, P.S.- Husenabad, District- Palamu (Jharkhand).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report and the police merely on suspicion implicated him in this case. The learned counsel pointed out paragraph 59 of the case diary in which the witness Satendra Kumar has disclosed the name of some of the accused persons but the name of the petitioner does not appear with correct parentage. That witness has named one Suraj son of Anil Singh of Arwal District whereas the petitioner belongs to Palamu District (Jharkhand).

The learned APP opposed the prayer for bail of the petitioner and has stated that this petitioner has confessed his guilt

Patna High Court Cr.Misc. No.306 of 2017 (3) dt.28-01-2017 2/2 before the police.

The petitioner is not named in the first information report. From the written report it appears that one dead body was recovered from the side of pacca road near Metra brick kiln. The petitioner is said to be in custody since 01.09.2016. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S.Case No. 229 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) Tahir/- U T