Umesh Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8132 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Neeraj Kumar Son of Ravindra Pandit Resident of Village Sondho Mubarakpur, P.s. Goraul, district- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.11252 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Umesh Kumar Pandit, Son of Nagina Pandit, Resident of Village- Sondho Mubarakpur, P.S.- Gorual, Dist.- Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.8132 of 2017) For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : . Smt. Anusuiya Jaiswal, APP (In Cr.Misc. No.11252 of 2017) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2017 Since both the applications arise in connection with Garaul P. S. Case no. 219 of 2016, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the State.
The petitioners seek bail in the above mentioned case
Patna High Court Cr.Misc. No.8132 of 2017 (3) dt.29-03-2017 2/3 instituted for the offence under Sections 364, 328, 302, 201 and 120B/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioners that brother of the informant had gone to open account in the bank but he did not return. Informant suspected that his brother might have been kidnapped by unknown persons or some incident took place. It has further been submitted that both the petitioners are in custody since 04.10.2016 and they have no criminal antecedent.
Learned A.P.P. has pointed out that as per para-73 of the case diary, the dead body of brother of informant was recovered by the chowkidar. It has further been submitted that on the basis of the statement of the Guptachar one Umesh Kumar Pandit was apprehended and in his confessional statement he has named Uma Shankar @ Nepali, Subhash, Gayani, Sakaldeep and Neeraj.
Similar fact is mentioned in the impugned order by the learned Sessions Judge that names of the petitioners have come in the confessional statement of the co-accused. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let both the petitioners, above named, be released on bail on furnishing bail
Patna High Court Cr.Misc. No.8132 of 2017 (3) dt.29-03-2017 3/3 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hazipur, in connection with Goraul P.S. Case no. 219 of 2016, subject to the conditions that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) sudip/- U T