Shyam Shah @ Shyam Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2700 of 2019 Arising Out of PS. Case No.-108 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== SHYAM SHAH @ SHYAM KUMAR SHAH son of late Ram Briksh Shah Resident of Village- Purani Durga Asthan Damodarpur, P.S.- Kanti, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jharkhandi Upadhyay For the Opposite Party/s :

Mr. Shabbir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Vaishali P. S. Case No. 108/ 2017 instituted for the offence under Section(s) 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 30(A) of the Excise Act, 2016.

Learned counsel for petitioner submits that petitioner has no criminal antecedent. He has been arrested by the police merely on suspicion.

In the written report, it is alleged that son of the informant has gone to Muzaffarpur to purchase some articles for the engagement of his friend, namely, Vikash Kumar and he did not return. The informant got information that he has been assaulted on the Verandah of Jag Lal Sah. The informant went to Verandah of Jag Lal Sah and found his son lying in pool of blood.

Patna High Court Cr.Misc. No.2700 of 2019(3) dt.07-02-2019 2/2 The informant has raised suspicion that petitioner along with other accused persons might have killed his son.

Case diary has been received in the instant case. Learned counsel for the State has submitted that independent witness in paragraph no. 122 of the case diary has taken the name of this petitioner as having learnt that this petitioner has caused death of son of informant. Thereafter, police recorded confessional statement of the petitioner in para 42 of the case diary.

In such circumstances, from the material in the case diary, it appears that mere suspicion has been raised against the petitioner.

The petitioner is in custody since 3.5. 2017. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Spl. Judge-II, Addl. Sessions Judge, Vaishali at Hazipur in connection with Vaishali P. S. Case No. 108/ 2017 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U