Patna High CourtCR. MISC./18329/2017bail granted

Umesh Prasad And ANR v. The State Of Bihar

2017-04-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18329 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Umesh Prasad, son of Late Parmeshwar Mahto

2. Dhananjay Kumar, son of Umesh Prasad Both are residents of village - Mehneur, P.S. - Deepnagar, District - Nalanda .... Petitioners

Versus

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

For the Petitioners : Mr. Babita Kumari, Adv. For the Opposite Party : Mr. Ajay Kumar-1, APP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of regular bail for offence under Section 302/34 of the Indian Penal Code. For land dispute, the petitioners and others are alleged to have committed murder of the son of the informant by throatling him while he was sleeping inside the room. Father of the deceased is the informant of this case and not the eye witness of the occurrence. Submission of the petitioners is that merely suspicion is there as evidence due to land dispute. On the other hand, the learned counsel for the informant opposed the prayer and submits that the case diary would reveal that other eye witnesses have supported the allegation on the petitioners.

There is no reason that claim of the eye witnesses examined by the police at belated stage was not disclosed in the

Patna High Court Cr.Misc. No.18329 of 2017 (2) dt.19-04-2017 2/2 first information report.

Considering the aforesaid fact, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Deepnagar P.S. Case No. 251 of 2016 to the satisfaction of the Judicial Magistrate, 1st Class, Nalanda at Biharsharif, or successor Court.

(Birendra Kumar, J) SA/- U √ T √