Hareram Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 11228 of 2022 Arising Out of PS. Case No.-220 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
HARERAM SADA SON OF LATE BINO SADA R/O VILLAGEMANJHOUL KHAIRA MUSAHARI TOLA, P.S.- CHERIYA BARIYARPUR (MANJHOUL O.P.), DISTRICT- BEGUSARAI 2.
MITHILESH SADA SON OF HARERAM SADA R/O VILLAGEMANJHOUL KHAIRA MUSAHARI TOLA, P.S.- CHERIYA BARIYARPUR (MANJHOUL O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate Mr. Anshu Dhar Sharma, Advocate For the State :
Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated that the petitioner no. 2 along with one another called the brother of the informant. It is further stated that the informant's brother did not return and subsequently some blood stains were also found near the house of the petitioners. On inquiry it is stated that the
Patna High Court CR. MISC. No. 11228 of 2022(3) dt.19-12-2022 2/3 petitioner no. 1 informed that the informant's brother had been done to death.
It is submitted by learned counsel for the petitioners that from the contents of the FIR as also the material that has transpired in course of investigation it would be evident that there is no eye witness to the occurrence. The suspicion raised against the petitioners are without any basis. No incriminating material has transpired to connect the petitioners with the alleged crime. Petitioners have no concern with the land from which the dead body of the deceased was allegedly recovered. The petitioners are in custody since 4.11.2021 and 10.11.2020 respectively.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the material that has transpired in course of the investigation, the petitioners being in custody since 4.11.2021 and 10.11.2020 and charge-sheet having been submitted in the case, both the petitioners are directed to be enlarged on bail in connection with Session Case no. 377 of 2021 (arising out of Cheria Bariyarpur P.S. Case no. 220 of 2020) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No. 11228 of 2022(3) dt.19-12-2022 3/3 like amount each to the satisfaction of the learned Additional Sessions Judge XII, Begusarai.
(Partha Sarthy, J) avinash/- U T