Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17595 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== UPENDRA SAH Son of Pachkauri Sah Resident of Village- Hansi, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mr. Ritwaj Raman.

For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Biraul P.S. Case No. 257/2018, instituted for offence under Section(s) 302 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence son of informant was sleeping on Chauki in the hut in front of his house then some unknown persons came on motorcycle and shot fire on the head of son of informant, namely, Jhattan Sah and fled away. Thereafter son of informant was brought to hospital and subsequently died. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The informant in

Patna High Court CR. MISC. No.17595 of 2019(2) dt.27-03-2019 2/2 his further statement has also not taken name of this petitioner. Name of this petitioner has been taken by the wife of deceased. She has alleged that about one month ago there was quarrel between her husband and the petitioner.

From the F.I.R. it appears that wife of deceased is not eye-witness to the occurrence. It further appears that occurrence is alleged to have taken place on 23.10.2018 and F.I.R. has been lodged on 26.10.2018. At the time of lodging of F.I.R. wife of deceased had not taken name of this petitioner. Petitioner is in custody since 26.10.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul, Darbhanga, in connection with Biraul P.S. Case No. 257/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T