Ajay Das And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.43572 of 2018 (3) dt.25-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43572 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -BARHAT District- JAMUI ======================================================
1. Ajay Das, Son of Kailash Das,
2. Kailash Das, Son of Baleshwar Das, Both resident of Bithalpur, P.S. & District- Jamui.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2018 Heard learned counsel for petitioners and learned A.P.P. for the State.
The petitioners seek bail in Barhat P.S. Case No. 50/2018, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
The informant alleged that on 26.04.2018, he received information on mobile that one dead-body without head has been found. He went there and found dead-body of his brother, who had gone to Jamui from Deoghar on 25.04.2018.
It has been submitted that petitioners have falsely been implicated in this case. Petitioners are not named in the F.I.R. Name of petitioners have surfaced in the case on the confession made by co-accused Janki Das. There is no incriminating material against petitioners except confession of co-accused. Petitioners have no criminal antecedent. They are in
Patna High Court Cr.Misc. No.43572 of 2018 (3) dt.25-09-2018 custody since 30.04.2018.
Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Jamui in connection with Barhat P.S. Case No. 50/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U