IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28193 of 2011
Shiv Kumar
Versus
The State Of Bihar
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3 15-09-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 30-09-2011 in
connection with Patrakar Nagar P.S. Case No. 209 of 2010
registered under Sections-302, 201, 120B/34 of the Indian
Penal Code.
The name of this petitioner came in this case in
confessional statement of co-accused, Rahul Kumar.
Subsequently, the petitioner and some other co-accused
persons were arrested. The petitioner and other accused also
confessed their guilt giving vivid picture of alleged occurrence
and it is stated that on the basis of confessional statement of
this petitioner and co-accused, Rajeshwar Choudhary @ Raju,
the dead body of the deceased was recovered.
The co-accused, Rajeshwar Choudhary @ Raju has
already been granted privilege of bail by this court and apart
from this, some other co-accused persons including the above
said Rahul Kumar, have also been granted privilege of bail.
Even if it assumed to be true that the dead body of deceased
was recovered on the basis of confessional statement made by
the petitioner and co-accused, Rahul, then also it is not specific
as to which of the accused has disclosed about the presence of
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the dead body of the deceased.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, the petitioner, namely, Shiv
Kumar is directed to be released on bail on furnishing bail bond
of Rs 10,000/- (ten thousand) with two sureties of the like
amount each in connection with Patrakar Nagar P.S. Case No.
209 of 2010 to the satisfaction of Chief Judicial Magistrate,
Patna.
AKV/- (Hemant Kumar Srivastava,J.)