Ajay Das v. The State Of Bihar

Patna High Court Cr.Misc. No.18545 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18545 of 2016 Arising Out of PS.Case No. -243 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Ajay Das Son of Ram Sewak Das, Resident of Village- Rampur, P.S.- Mohanpur, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Syed Asgher Najmi, Advocate For the Opposite Party : Mr. A.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 24.11.2015 in connection with Barachatti (Mohanpur) P.S.Case No.243 of 2014 registered for the offence under Sections 302 and 201/34 of the IPC.

As per the prosecution case, it is alleged by the informant that one dead body of female is lying in the Pain of Mahuar Badh and thereafter he along with other Chaukidar, namely, Balmiki Paswan reached in Pain and he found the dead body of female. Her head was also cut and blood was oozing. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.11.2015. Chargesheet has been

Patna High Court Cr.Misc. No.18545 of 2016 (3) dt.26-05-2016 submitted in the case. Petitioner has got no criminal antecedent. Petitioner is not named in the FIR. Subsequently, in course of investigation, he has been made accused. Except for this, there is no other material against the petitioner. There is no eye witness to the alleged occurrence nor there is any other circumstantial evidence to suggest his implication in the present case. The other co-accused persons have been granted bail by this Court vide Cr.Misc.No.9627 of 2016.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 CJM, Gaya in connection with Barachatti (Mohanpur) P.S.Case No.243 of 2014. (Sudhir Singh, J) B.Kr./- U T