Jhulan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40908 of 2016 Arising Out of PS.Case No. -301 Year- 2015 Thana -PACHRUKHI District- SIWAN ======================================================

1. Jhulan Singh Son of Jagnarayan Singh Resident of Village - Bhamopali, Police Station - Barharia, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-364(A)/34, 302, 201, 120(B) of the Indian Penal Code. Petitioner is not named in the first information report but in course of investigation, some co-accused were arrested and made their confessional statements, leading to recovery of pieces of dead body as well as clothes of the deceased. The co-accused also named the petitioner in their respective confessional statements.

Learned counsel, appearing for the petitioner submits that except the so-called confessional statement of co-accused, there is nothing against the petitioner and moreover, having more

Patna High Court Cr.Misc. No.40908 of 2016 (4) dt.24-11-2016 2/2 or less similar allegation, several co-accused have already been granted privilege of bail by different benches of this court. Learned counsel, appearing for the informant submits that one co-accused namely Pappu Singh disclosed in his confessional statement that it was the petitioner, who put Gamchha around the neck of the deceased and pulled the said Gamchha.

Considering the above-said facts and circumstances of the case as well as submission of the parties, particularly, taking note of this fact that except confessional statement of co-accused, there appears to be nothing against the petitioner, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pachrukhi P.S. Case No. 301 of 2015 corresponding to Sessions Trial No. 335 of 2016 to the satisfaction of learned Sessions Judge, Siwan.

(Hemant Kumar Srivastava, J) A.K.V./- U T