Patna High CourtCR. MISC./5193/2015bail granted

Chhotan Sahani v. The State Of Bihar

2015-02-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5193 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -ARER District- MADHUBANI ======================================================

1. Chhotan Sahani Son of Chandar Sahani Resident of vill-Balain,P.SArer,Distt.-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Binod Kr. 3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner seeks bail in Arer P.S. Case No. 84 of 2014 registered under sections 394, 302 and 34 of the Indian Penal Code.

The informant wife of the deceased alleged that while her husband was returning to his house after closing the liquor shop some body pulled him on the road. She further alleged that she disclosed that Raman Yadav committed the occurrence. Learned counsel for the petitioner submits that petitioner is not named in the first information report. Nothing has been recovered from the possession of the petitioner. One of the witness disclosed during the course of investigation that petitioner

Patna High Court Cr.Misc. No.5193 of 2015 (2) dt.06-02-2015 2/2 was also with Raman Yadav in the shop of the deceased. The postmortem report reveals that the deceased did not get any external injury. It appears that the petitioner is not named in the first information report. One witness has only disclosed that the petitioner was with Raman Yadav at the liquor shop of the deceased. Except the confessional statement of co-accused the police did not collect any tangible evidence to show the involvement of the petitioner.

Considering the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M, Madhubani in Arer P.S. Case No. 83 of 2014.

(Prabhat Kumar Jha, J) M.Rahman/- U T