Karu Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32204 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Karu Modi son of Sri Rameshwar Modi is the resident of VillageKutubgunj, P.S. - Mojahidpur, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.
The prosecution case in nutshell is that on 24.4.2015 at 6 A.M. the father of the informant, namely, Kullo Yadav went to field, which was situated near railway line and after half an hour the cousin brother of the informant came in cunning condition and told that 5-6 unknown persons killed the Mama on railway line, on which the informant to the place of occurrence and found his father laying down on earth and blood was oozing out from his ear and with the help of villager the informant brought his father to the Hospital for treatment, but in course of treatment his father
Patna High Court Cr.Misc. No.32204 of 2016 (3) dt.17-09-2016 died. The informant suspected that the accused persons including the petitioner have killed his father as he had inimical term with them from before.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.5.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on suspicion. There is no eye witness to the alleged occurrence nor there is any substantive evidence to show the implication of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that 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 learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babbargunj) P.S. case No.76 of 2015. (Sudhir Singh, J) Narendra/- U T