Rajendra Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.10574 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10574 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajendra Prasad Son of Late Hira Sah

2. Anil Prasad son of Rajendra Prasad Both residents of Village Bangari, P.s. Ghorasahan, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.03.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

According to the prosecution case itself, on 27.6.2014 wife of the informant sustained fire arms injury on his head for which Ghorasahan P.S. Case no. 214/2014 was lodged and the petitioners were remanded to judicial custody in the above stated case on 30.6.2014 but they were granted bail by a coordinate bench of this court vide order dated 6.2.2015 passed in Cr. Misc. no.39744/2014 and, therefore, even if the prosecution story assumed to be true, then also on the alleged occurrence of the present case, petitioners were in jail custody. Moreover, only suspicion has been raised against the petitioners in the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on

Patna High Court Cr.Misc. No.10574 of 2015 (2) dt.13-03-2015 furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in Chhatauni P.S. Case no. 122/2014. shahid (Hemant Kumar Srivastava,J) U T