Subhash Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3255 of 2019 Arising Out of PS. Case No.-514 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Subhash Pandit s/o Nirmohi Pandit Vill.- Dhanauti, P.S.- Siwan Muffasil (Dhanauti O.P.), Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 514/2018, instituted for offences under Section(s) 302, 328 and 120(B)/34 of the Indian Penal Code. It is alleged in the written report that on 08.09.2018 at 8:00 A.M. cousin brother of informant, namely, Ram Kripal Chaudhary, had gone to his shop as usual. At 4:00 P.M. informant received information that Ram Kripal Chaudhary is seriously ill. Thereafter informant went to see him and learnt that F.I.R. named accused persons had taken his brother at Rampur Bazar in Uttar Pradesh where brother of informant had taken meal, drink etc. In the meantime, this petitioner also joined with them and gave some liquid to drink to the brother of informant. Thereafter his condition became serious. The accused persons brought the brother of
Patna High Court Cr.Misc. No.3255 of 2019(2) dt.24-01-2019 2/2 informant on motorcycle and left him to his shop and informed the family members. The local people took the brother of informant to Sadar Hospital where he was declared dead.
Learned counsel for the petitioner has submitted that brother of informant had voluntarily gone with accused persons to take meal. Only suspicion has been raised against this petitioner. The other accused, namely, Anish Ram @ Atish Ram, who had taken the brother of informant, has already been granted bail by this Court in Cr. Misc. No. 70709/2018 dated 19.12.2018. Petitioner is in custody since 14.09.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 514/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T