Patna High CourtCR. MISC./44044/2016bail granted

Mithilesh Kumar @ Mithlesh Kumar And ANR v. The State Of Bihar

2016-12-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44044 of 2016 (4) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44044 of 2016 Arising Out of PS.Case No. -130 Year- 2016 Thana -BAHADURPUR District- PATNA ======================================================

1. Mithilesh Kumar @ Mithlesh Kumar son of Rajendra Ram resident of village Chatarpur PS Garhwa District Garhwa (Jharkhand)

2. Rakesh Raushan son of Sri Ganesh Chaudhary resident of village Robda PS Chainpur Dist. Palamu (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Ms. Babita Kumari For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 19.12.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 302/34 of the Indian Penal Code.

Dead body of the deceased was found in his room and some remains of vomiting were also found there. However, it is admitted case of the informant that he got information about death of the deceased from petitioner no.1 as well as owner of the lodge. Petitioners happen to be room partners of the deceased. The doctor found cause of death of the deceased was asphyxia due to strangulation though some poisonous substances were also found when viscera was examined by chemical expert. Submission on behalf of the petitioners is that none has seen the actual killing of the deceased and moreover, except suspicion,

Patna High Court Cr.Misc. No.44044 of 2016 (4) dt.19-12-2016 there is nothing against them.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the fact that investigation against the petitioners has already been completed, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patnacity in Bahadurpur P.S. Case no. 130/2016.

shahid (Hemant Kumar Srivastava,J) U T