Amit Jaiswal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5721 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -GAYA GRP CASE District- GAYA ======================================================
1. Amit Jaiswal son of Shri Ghanshyam Jaiswal
2. Ghanshyam Jaiswal son of Late Dudhnath Gupta Both residents of Mohalla - Khilanganj, P.S. - Sasaram (T), District - Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. L.K.Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2015 Heard both sides.
The petitioners seek bail in a case under Section 302 and other sections of the Indian Penal Code.
The son of the deceased alleged that when his father did not return from walk, he got suspicion and came to know that the dead body of his father was lying on the railway track. The informant suspected that the petitioners, who happen to be his uncle and cousin, in collusion with others might have killed his father on account of previous enmity and litigation. The informant also disclosed that he came to know that the petitioners and others were seen with his father. Learned counsel for the petitioners submits that there is no witness to say that the petitioners were ever seen with the deceased. The dead body of the deceased was
Patna High Court Cr.Misc. No.5721 of 2015 (7) dt.04-08-2015 2/2 found on the railway track and the enquiry report reflects that the deceased might have committed suicide.
On the other hand, learned counsel for the informant as well as learned A.P.P., however, vehemently opposed the prayer for bail but could not be able to point out that the petitioners were seen with the deceased before his death. Except suspicion, that too, on account of litigation, the informant named the petitioners.
Considering the aforesaid, the above named petitioners are 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 Judicial Railway Magistrate, Gaya in Sasaram Rail P.S. Case No. 19 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T