Nand Jee Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16170 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -SIKRAUL District- BUXAR ====================================================== Nand Jee Sharma S/o Late Somaru Sharma, Resident of Village- Belaon, P.S.- Sikroul, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manendra Kumar Sinha, Advocate For the Opposite Party: Mrs. Renu Kumari, APP For the Informant : Mr. Shivendra Kishore Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 01.12.2014 in connection with Sikroul P.S. Case No. 128 of 2014 for the offences instituted under Sections 302, 201 and 427 read with section 34 of the Indian Penal Code.

Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the informant. The prosecution story, in brief, is that the informant heard a rumour in the village that somebody was burnt to death near Lock No.7 of Sone Canal Division and his motor-cycle has also been brunt and when he reached there and found some papers of LIC etc. which he was given to his brother and when he saw the dead body, he identified that the said dead body is of his brother. It is also alleged that the informant's family has some enmity with the persons named in the written report of this case

Patna High Court Cr.Misc. No.16170 of 2015 (2) dt.09-06-2015 2/2 and hence he believes that the named accused persons might have killed the deceased.

It has been submitted on behalf of the petitioner that except for suspicion, there is nothing against the petitioner in the present case nor there is any eye-witness to the occurrence and there is no direct evidence against the petitioner. It has further been submitted that the petitioner has got no criminal antecedent. Mr. Shivendra Kumar Sinha, learned counsel for the informant and Mrs. Renu Kumari, learned APP for the State submit that the petitioner is named in the first information report and he has played an active role in the crime. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Sikraul P.S. Case No. 128 of 2014.

(Sudhir Singh, J) B.T/- U T