High Court Patna High Court - Orders

Upendra Prasad vs The State Of Bihar on 22 September, 2011

Patna High Court – Orders
Upendra Prasad vs The State Of Bihar on 22 September, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.30254 of 2011
                                    Rabindra Kumar Singh
                                            Versus
                                     The State Of Bihar
                                              with
                           Criminal Miscellaneous No.31848 of 2011
                                       Upendra Prasad
                                            Versus
                                     The State Of Bihar
                                            -----------

02/ 22.09.2011 Both the above stated petitions arise out Hilsa P.S. Case no.

146/2011 registered under section 302 of the IPC and accordingly,

both the above stated petitions are being disposed of by this common

order.

Heard learned counsel for the petitioners as well as learned

Addl. Public Prosecutor for the State.

Admittedly, above stated Hilsa P.S. Case no. 146/2011 was

registered against unknown persons and subsequently, one co-accused

Munna Kumar was arrested and his confessional statement was

recorded on 7.7.2011 and on the basis of confessional statement of co-

accused Munna Kumar, names of these petitioners surfaced in this

case.

It would appear from perusal of the impugned order of the

learned Addl. Sessions Judge that dead body of the deceased was

recovered on the basis of the confessional statement of co-accused

Munna Kumar but learned counsel for the petitioner appearing in Cr.

Misc. no. 30254/2011 submitted that according to the prosecution case

dead body of the deceased was recovered on 10.6.2011 whereas the

confessional statement of the co-accused Munna Kumar was recorded

on 7.7.2011.

2

Considering the aforesaid facts and circumstances as well as

submissions of the parties, let petitioners, Rabindra Kumar Singh and

Upendra Prasad, 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 Addl. Chief Judicial Magistrate, Hilsa, Nalanda in

Hilsa P.S. Case no. 146/2011.

shahid                                   (Hemant Kumar Srivastava,J)