Shambhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36977 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Md. Khalil Ansari son of Late Ilataf Ansari, resident of villageKharjamma, Mahnar, Wart No.1, P.S. Mahnar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47724 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Shambhu Rai Son of Late Yogendra Rai Resident of Village - Lawapur Mahnar, PO + PS - Mahnar, District - Vaishali (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.36977 of 2015) For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Umesha Nand Pandit (App) (In Cr.Misc. No.47724 of 2015) For the Petitioner/s : Mr. Ranjit Jha For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-11-2015 Both the above-said petitions arise out of Mahnar P.S. Case No. 110 of 2015 registered under Sections-302/34 of the Indian Penal Code as also 27 of the Arms Act and accordingly, both the above-said petitions are being heard and disposed of by this common order.

Heard learned counsel for the petitioners as well as

Patna High Court Cr.Misc. No.36977 of 2015 (3) dt.03-11-2015 2/3 learned Additional Public Prosecutor for the State. Petitioners are not named in the first information report and the informant, specifically, stated in her fardbyan that two persons had come at her home and took her mother, who were well-known to her from before but she was not aware about the name and address of these persons. Furthermore, when further statement of informant recorded at paragraph-6 of the case diary, she stated that it was the petitioner in Cr. Misc. No. 47724 of 2015 who along with one other came at her home and took her mother. In course of investigation, some witnesses stated that the deceased was a lady of questionable character and several persons used to visit at her home. So far as petitioner in Cr. Misc. No.

36977 of 2015 is concerned; in course of investigation, the sister of deceased stated that the aforesaid petitioner also used to visit the house of the deceased. However, it appears that except suspicion, there is nothing against these petitioners. The investigation of this case has already been completed.

Accordingly, petitioners named above, are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Mahnar P.S. Case No. 110 of 2015 to the satisfaction of Shri Mukesh Kumar, learned Judicial Magistrate-Ist

Patna High Court Cr.Misc. No.36977 of 2015 (3) dt.03-11-2015 3/3 Class/learned Chief Judicial Magistrate/concerned court, Vaishali at Hajipur.

(Hemant Kumar Srivastava, J) A.K.V./- U T