Patna High CourtCR. MISC./50837/2018bail granted

Prakash Noniya @ Om Prakash Prasad v. The State Of Bihar

2018-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50837 of 2018 Arising Out of PS.Case No. -134 Year- 2018 Thana -SAHPUR District- PATNA ======================================================

1. Prakash Noniya @ Om Prakash Prasad S/o Late Bhaglu Noniya @ Sheo Dayal Prasad @ Shiv Dayal Chauhan, R/o Vill.- Azwan Bathani, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N. P. Sinha (Sr. Adv.) Mr. Jitendra Narain Sinha, Adv.

Mrs. Anamika Sinha, Adv.

For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that brother-in-law of the informant was killed by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-05-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. The petitioner has been made accused in this case due to previous enmity. There is

Patna High Court Cr.Misc. No.50837 of 2018 (2) dt.18-09-2018 no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. Except for suspicion, there is no other material to implicate the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Danapur, District-Patna in connection with Shahpur P.S. Case No. 134 of 2018.

(Sudhir Singh, J) A.K.V./- U T