Gaurav Kumar @ Gaurav Kumar Verma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43922 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Gaurav Kumar @ Gaurav Kumar Verma

2. Saurav Kumar @ Saurav Kumar Verma. Both are sons of Late Ajeet Kumar Verma, resident of Mohalla- Chandheri, P.S. Sabour, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : M/S. Indu Bala Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-09-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The accusation against the petitioners is that they along with co-accused, Bindu Devi, who happens to be mother of the petitioners, pushed the deceased from the roof as a result of which deceased died then and there. It would appear from perusal of the first information report that mother of petitioners was in live-in-relationship with the deceased and the informant

Patna High Court Cr.Misc. No.43922 of 2015 (2) dt.23-09-2015 2/3 happens to be uncle of the deceased. It is stated that prior to his death deceased had given a sanha to the informant for lodging before the competent authority and prior to the alleged occurrence, the mother of the deceased had also given a Sanha against the petitioners and others.

Submission on behalf of the petitioners is that having similar allegation, co-accused, Bindu Devi has already been granted privilege of bail by a co-ordinate Bench of this Court and moreover, there is no eye witness of the alleged occurrence and as a matter of fact, deceased fell from the roof and sustained injury which became fatal though deceased was taken to hospital by the petitioners.

Learned counsel for the informant submits that the articles which had been used in committing the murder of the deceased and some other incriminating articles were recovered from the house of the petitioners and, therefore, there is sufficient substantial evidence to show the involvement of the petitioners in the alleged crime.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.43922 of 2015 (2) dt.23-09-2015 3/3 satisfaction of Sri R.R.

Raman, Judicial Magistrate, Bhagalpur/concerned court in connection with Lodipur P.S. Case No. 37 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T