Deepak Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33007 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Chandan Sah Son of Shree Narayan Sah

2. Kundan Sah Son of Shree Narayan Sah Both resident of Village- Goagachhi (Dhanmaniya), P.s Amdabad, District Katihar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.40184 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Deepak Kumar Son of Mahendra Yadav

2. Lalu Yadav Son of Mahendra Yadav Both resident of village - Guwagachhi ( Dhanmaniya ), P.S. Amdabad, District - Katihar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.33007 of 2015) For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Shantanu Kumar (App) (In Cr.Misc. No.40184 of 2015) For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. J.K. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Since both applications arise out of Amdabad P. S. Case no. 39 of 2015 giving rise to G.R. no. 745 of 2015, they have been heard together and are being disposed of by this common order. The petitioners of both petitions seek bail in a case instituted under Sections 302 and 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court Cr.Misc. No.33007 of 2015 (3) dt.05-10-2015 2 / 2 Allegation against the petitioners is to have killed father, mother and younger brother of the informant.

It has been submitted on behalf of the petitioners that petitioners of Cr. Misc. no. 33007 of 2015 and petitioners of Cr. Misc. no. 40184 of 2015 are in custody since 25.3.2015 and 27.3.2015 respectively. Charge sheet has been submitted. There is no material to suggest that petitioners are tampering with the evidence. As per prosecution case, petitioners have been named merely on the basis of suspicion. There is no eye witness to the occurrence. There is admitted land dispute between the parties. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners of both petitions be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri R. K. Mishra, Judicial Magistrate, Ist Class, Katihar, in connection with Amdabad P.S. Case no. 39 of 2015, G.R. no. 745 of 2015. (Sudhir Singh, J) sudip/- U T