Rajnish Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11046 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -ALAM NAGAR District- MADHEPURA ======================================================

1. Rajnish Kumar, Son of Shri Shankar Sah

2. Jawar Sah @ Jabahar Sah, son of Late Suresh Pd. Sah

3. Bijay Sah @ Vijay Sah, Son of Late Suresh Pd. Sah

4. Shankar Sah, Son of Sri Hari Ballav Sah

5. Munna Sah, Son of Sri Ramdhari Sah.

All are residents of village - Kopa, P.S. Sonbersa, District - Saharsa .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Neeraj Kumar, Advocate For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 26-06-2015 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. The allegation against the petitioners and one Amar Sah is to have killed and disposed of the dead body of the deceased Kumar Abhivav @ Pawan Sada.

It is submitted that there is no eye witness to the occurrence. Only suspicion has been raised against the petitioners. It has been mentioned in the fardbeyan of the informant that the co-villager Bilash Sah has given information regarding the killing and taking away the dead body of the deceased. Prior to the occurrence, the petitioner no.2 had lodged a case bearing Sonbarsa P.S. Case No.151/2014 against Ram Bilash Sah and his family members and due to that petitioners

Patna High Court Cr.Misc. No.11046 of 2015 (4) dt.26-06-2015 2/2 have been named in the FIR at the instance of Ram Bilash Sah. In similar facts and circumstances, the co-accused Amar Sah @ Amar Kumar Sah has been granted bail vide Cr. Misc. No.46619/2014. Considering the facts and circumstances of the case, let the above-named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in Alam Nagar P.S. Case No.122/2014 with the following conditions : 1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T