Dhodhai Sada And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56803 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Dhodhai Sada, S/o Late Khokhai Sada, R/o vill.- Radhikapur, P.S.- Bheja, District- Madhubani.

2. Rohit Yadav, S/o Late Jaikant Yadav, R/o vill.- Bakuniya, P.S.- Nauhatta, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Ghanshyampur P.S. Case No. 63 of 2017 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.

It is alleged in the written report that mother of informant was killed by some unknown persons and her dead body was made to disappear.

Counsel for the petitioners submits that petitioners are not named in the First Information Report. Petitioners have clean antecedent. Name of these petitioners has come during investigation that one spade (Kudal) was found from the house of

Patna High Court Cr.Misc. No.56803 of 2018 (3) dt.12-10-2018 2/2 petitioner No.2, Rohit Kumar. It is further submitted that name of petitioner no. 1 has come in the confessional statement of Petitioner No.2, Rohit Kumar.

It has been submitted that the other co-accused has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.05.2018 passed in Cr. Misc. No. 26908 of 2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released 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 the Sub-Divisional Judicial Magistrate, Biraul, Darbhanga, in connection with Ghanshyampur P.S. Case No. 63 of 2017, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J.) Rakhi U T