Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31081 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== SHIV SHANKAR KUMAR, Male, aged about 24 years, S/o Sita Ram Das, R/o Village-Rifugee Colony, Ward No.-5, P.S. + District-Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manindra Kishore Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2021 Heard Mr. Manindra Kishore Singh, the learned counsel for the petitioner and Mr. B.N. Pandey, the learned Additional P.P.

Petitioner seeks bail in Saharsa P.S. Case No.19 of 2020, registered under Sections 302 and 34 of the Indian Penal Code.

The informant, father of the deceased, alleged that while his son was returning after closing his shop, some unknown persons assaulted him with sharp edged weapon and killed. The informant alleged that Guddu Gupta and Arun Gupta were asking his son to vacate his shop but his son was telling that OPPO company inducted him as a tenant in the shop and on the order of company he would vacate the shop. Mr. Manindra Kishore Singh, the learned counsel for the petitioner submits that in the subsequent statement, the informant disclosed the name of the petitioner on mere suspicion alleging therein that the petitioner had kidnapped the girl and his son-deceased mediated for recovery of the girl that

Patna High Court CR. MISC. No.31081 of 2020(2) dt.25-01-2021 2/2 is why the petitioner might have killed his son. It is further submitted that similar is the statement made in the case diary by two witnesses but there is no tangible evidence. Nobody has come forward as an eye witness of the occurrence nor any incriminating article showing the involvement of the petitioner in the killing of the son of the informant is collected during the course of investigation and charge sheet is submitted. The learned Additional P.P. however, opposed the prayer for bail but at the same time submitted that the informant at the first instance disclosed the story that the land owners were threatening his son for vacating the shop but later on the informant developed another story and named the petitioner.

Taking into consideration the facts aforesaid and the fact that save and except suspicion, the Investigating Officer has not collected any evidence to show the involvement of the petitioner, petitioner, namely Shiv Shankar Kumar 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 the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No.19 of 2020. (Prabhat Kumar Jha, J) S.