Sudhir Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64790 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Sudhir Kumar, S/o Late Jay Ram Yadav,

2. Arvind Kumar, S/o Jay Prakash Yadav, Both resident of Village- Ramdih Motha, P.S.- Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kiran Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek regular bail in connection with Rafiganj, P.S. Case No. 92 of 2018, registered for the offences punishable under Sections 302, 201/34 of Indian Penal Code. Allegation against the petitioners as per F.I.R. is the headless dead body of an unknown lady was found in the field of late Dharmdeo Yadav.

Submission of the learned counsel for the petitioners is that the petitioners are not named in the F.I.R. rather the name of petitioner No. 2 transpires only on the confessional statement of the co-accused, namely Sudhir Kumar and the name of the petitioner No.1, apprehended merely on the basis of suspicion by the police. It is further submitted that similarly situated co-accused persons have been granted regular bail by a Co-ordinate Bench of

Patna High Court Cr.Misc. No.64790 of 2018 (2) dt.29-10-2018 2/2 this Court on different dates i.e. on 20.09.2018 passed in Cr. Misc. No. 55261 of 2018 and order dated 05.10.2018 passed in Cr. Misc. No. 51841 of 20182 and they have no criminal antecedents and they are in custody since 07.06.2018 and charge sheet has already been submitted against the petitioners.

Heard learned A.P.P. who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafigang, P.S. Case No. 92 of 2018, subject to the following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

ii) The petitioners will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T