Laljee Pandey @ Munna Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.19250 of 2015 (5) dt.31-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19250 of 2015 Arising Out of PS.Case No. -246 Year- 2013 Thana -SAHPUR District- BHOJPUR ======================================================

1. Laljee Pandey @ Munna Pandey Son of Sri Tej Narain Pandey, Resident of Village - Mahuar, Police Station - Brahampur (Nainijor), in the district of Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Sessions Trial No. 204 of 2014 arising out of Shahpur P.S. Case No. 246 of 2013 registered under Sections 302/201 of the Indian Penal Code.

It is alleged that victim went to sleep at his field in the night. Thereafter, on the next day a headless body was found there. Only material in the case diary is that petitioner had earlier threatened the victim. Further, on apprehension of the petitioner, he confessed before the police that after killing the victim have thrown the dead body in the well and from the well head of the deceased was recovered.

Patna High Court Cr.Misc. No.19250 of 2015 (5) dt.31-07-2015 However, though, head of the victim has been recovered alleged to be confession of the petitioner, but the confession before the police is not admissible in evidence except the fact leading to discovery of head of the victim.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 5th Additional Sessions Judge, Bhojpur, Ara (8th F.T.C.) Ara, Bhojpur, in connection with Sessions Trial No. 204 of 2014 arising out of Shahpur P.S. Case no. 246 of 2013. m.p.

(Gopal Prasad, J) U T