Shambhu Bind v. The State Of Bihar

Patna High Court Cr.Misc. No.43462 of 2016 (3) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43462 of 2016 Arising Out of PS.Case No. -250 Year- 2015 Thana -KHARAGPUR District- MUNGER ====================================================== Shambhu Bind son of Mahesh Bind resident of Village- Gobadda, P.S.- Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary, Adv. For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioner seeks bail in Kharagpur (Shampur) P.S. Case No. 250/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. is lodged against unknown for the murder of Shankar Singh.

It appears that during course of investigation, the Investigating Officer firstly, got information as stated in para 50 of the case diary, from the spy of the police. Thereafter, the police took the statement of Mukesh Sah, Pramod Yadav and Sonu Singh after two and half months of the occurrence and they claimed to be the eye-witness of the occurrence, but they did not depose before

Patna High Court Cr.Misc. No.43462 of 2016 (3) dt.15-12-2016 the police immediately, after the occurrence. They made statement only after two and half months of the occurrence. Pintu Bind also confessed his guilt and disclosed the name of the petitioner. Considering the facts aforesaid and the fact that after two and half months of the occurrence, three witnesses disclosed the name of the petitioner, as the assailant of the deceased, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Munger in connection with Kharagpur (Shampur) P.S. Case No. 250/2015.

(Prabhat Kumar Jha, J.) Vinita/- U T