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Patna High CourtCR. MISC./35182/2017dismissed

Naveen Singh @ Naveen Rao v. The State Of Bihar

2017-08-07Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33043 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amit Kumar @ Amit Kumar Pandey @ Golu S/o Binod Pandey, Resident of Village- Khutwaniya, P.S.- Kuchaykoy, District- Gopalganj, Presidential Address- Police Line, Bettiah, P.S.- Bettiah Town, DistrictWest Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35182 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Naveen Singh @ Naveen Rao S/o Shashikant Rao, Resident of VillageKataiya, P.S.-Lauriya, District-West Champaran. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.33043 of 2017) For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar For the informant ; Mr. Raghvendra Singh (In Cr.Misc. No.35182 of 2017) For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Md. Fahimuddin For the informant : Mr. Raghvendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 As both the above mentioned cases arise out of same P.S. Case No., they are clubbed together and are being decided by this common order for the sake of convenience.

The petitioners in both the above mentioned cases seek regular bail in connection with Bettiah (Muffasil) P.S. Case No. 141 of 2017, registered for offences punishable under Sections 302, 328/120B of Indian Penal Code .

Allegation against the petitioners and other co-accused persons is of sprinkling Kerosene Oil on the deceased and her sister due to which the deceased died and her sister sustained burn injuries.

It has been submitted on behalf of the petitioners in both the cases that they have been made accused in this case only on the basis of suspicion, there is nothing against the petitioners. So far their identification in T.I.P. is concerned, they were already produced in the Court thrice before T.I.P., therefore, the same has no value. Further whatever allegation is there that is against the co-accused, namely, Nawnit Niraj. Petitioner in Criminal Miscellaneous No. 33043 of 2017 has been in judicial custody since 27.04.2017 and petitioner in Criminal Miscellaneous No. 35182 of 2017 has been in judicial custody since 19.05.2017 and both of them have no criminal antecedents.

Heard learned A.P.P. also.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at present, I am

not inclined to release the petitioners on bail, their applications for regular bail is, accordingly, rejected.

However, the petitioners may renew their prayer for bail after framing of charge in this case.

(Vinod Kumar Sinha, J) sunil/- U T