Ram Pravesh Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30440 of 2016 Arising Out of PS.Case No. -494 Year- 2015 Thana -SONEPUR District- SARAN ======================================================
1. Ram Pravesh Sahani, S/o Late Laxman Sahani, Resident of Village Pakari, P.S Lalganj, District- Vaishali.
2. Faga Sahani @ Vinod Sahani, S/o Bhola Sahani, resident of VillageChausia, Kalyanpur, P.S Raja Pakar, District Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302 and 201/34 of the I.P.C. The prosecution story, in brief, is that on the alleged date and time of occurrence the informant got information about death of his elder brother Swarath Paswan and the dead body was lying in the Diara opposite Anta Ghat Sabzi Mandi. On this information he reached at the place of occurrence and came to know that there was a dispute between the deceased and the accused persons including the petitioners for parking of thela. The informant suspected that the accused persons including the petitioners have murdered his elder brother.
Patna High Court Cr.Misc. No.30440 of 2016 (3) dt.08-09-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.12.2015 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been named in the F.I.R. merely on suspicion. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioners in the present case.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri M.P. Yadav, Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. case No.494 of 2015.
(Sudhir Singh, J) Narendra/- U T