Naresh Sah @ Naresh Kr Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9632 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Naresh Sah @ Naresh Kr Sah, Son of Kailash Sah, R/o Village- Majhuwa, Ward No.5, Panchayat Khokhshi, PS- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Gwalpara P.S. Case No. 53 of 2016 instituted for the offence under Section(s) 302,34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that petitioner is in custody since 19.09.2016. The name of the petitioner has come merely on suspicion. The other co-accused have been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 48893 of 2016 and Cr. Misc. No. 48805 of 2016. As per allegation made in the written report, the cousin brother of the informant namely Dipak Kumar informed the informant that his father Kamleshwari Sah was killed at his Basa

Patna High Court Cr.Misc. No.9632 of 2017 (3) dt.02-05-2017 2/2 where he used to sleep. The informant went to the Basa and saw the Pillet injury on the head of his father. It is alleged by the informant that land dispute was going on between his father and the agnates for the last three months and on account of such land dispute the accused persons have committed murder of the father of the informant.

From the order of the Sessions Judge, it appears that mere suspicion has been raised against this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 53 of 2016 (G.R. No. 515 of 2016), subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T