Ganesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51271 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -AAJAM NAGAR District- KATIHAR ======================================================

1. Ganesh Das, Son of Late Logen Das @ Nagendra Nath Das, Resident of Village- Chhemna, P.S.- Azam Nagar, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Bhushan Das For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302, 201/34 of the Indian Penal Code. The prosecution case, in brief, is that the husband of the informant had gone with the petitioner but he did not return till evening. In course of search, dead body of husband of the informant was found in maize field of one Jakir. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-05-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. It is a case of last seen. Except for that, there is no other substantial evidence to

Patna High Court Cr.Misc. No.51271 of 2018 (2) dt.18-09-2018 suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner. The other similarly situated co-accused namely, Laxman Yadav and Mohan Yadav have been granted anticipatory bail by a coordinate bench of this court vide order dated 31-082018 passed in Cr. Misc. No. 47594 of 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, learned Additional Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 123 of 2018.

(Sudhir Singh, J) A.K.V./- U T