Shyam Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.1887 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1887 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -ARIYARI(Kasar) District- SEKHPURA ======================================================

1. Shyam Kumar, Son of Ram Swaroop Mahto,

2. Kripashankar @ Krippa Shankar, Son of Umesh Prasad @ Umesh Mahto, Both are resident of Village + Post- Ghuskuri, P.S. Ariyari (Kasar), District- Sheikhpura.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 13.09.2017 in connection with Ariyari (Kasar) P.S. Case No. 145 of 2017 for the alleged offences under Sections 364 and 34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and the petitioners are well known to the informant who happens to be the resident of neighbouring village. The alleged occurrence transpired as a fall out of some dispute at the time of demonetization ('Note bandhi'). The informant's son was recovered the same day.

Patna High Court Cr.Misc. No.1887 of 2018 (2) dt.12-01-2018

4. A perusal of the order of learned Sessions Judge, Sheikhpura discloses that the case diary has been called for and considered. It is recorded that the informant's son was recovered from the custody of accused petitioners who were arrested at the spot and the informant in his re-statement has supported the prosecution case and the statement of witnesses Navin Kumar and Ashok Mahto.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner at this stage. The bail petition stands dismissed with liberty to the petitioner to renew his prayer for bail after framing of charge.

(Vikash Jain, J) Chandran/BT U T