Shambhu Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24926 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -MAIRWA District- SIWAN ======================================================

1. Shambhu Gond S/o Late Nihora Gond R/o vill. - Nawka Tola, P.S. Mairawa, Distt. - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Initially, the case was registered under Sections-279, 304A of the Indian Penal Code but subsequently, Sections-302/34 of the Indian Penal Code.

The name of petitioner surfaced in course of investigation, when one Parshuram Sah disclosed that the petitioner and co-accused took the deceased on their tempo and subsequently, they were seen dumping something from their tempo and except the aforesaid material, there appearing to be nothing against the petitioner. Moreover, co-accused Bharat Mishra, having more or less similar allegation, has already been granted privilege of bail by a coordinate bench of this court. The

Patna High Court Cr.Misc. No.24926 of 2016 (3) dt.20-06-2016 2/2 petitioner is languishing in jail custody since 16-12-2015. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mairwa P.S. Case No. 26 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Siwan. (Hemant Kumar Srivastava, J) A.K.V./- U T