Umesh Muni And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10511 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Umesh Muni, Son of Late Latru Muni @Late Lakhan Muni.

2. Prakash Muni, Son of Late Bhinku Muni.

Both are Residents of Village - Bareita, P.S. - Choutham, District - Khagaria.

3. Anandi Singh, Son of Late Babu Lal Singh, resident of Village - Tegachi, P.S. - Choutham, District - Khagaria.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 29-04-2015 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 147, 148, 149, 341, 302 and 201 of the Indian Penal Code.

The allegation against the petitioners and five others is to have assaulted the husband of the informant causing his death. It is submitted that the informant is not the eye witness to the occurrence. There is no eye witness to the occurrence. Only suspicion has been raised against the petitioners due to enmity. During investigation, it has come to light that the deceased was notorious person and involved in so many cases including the heinous offences and someone might have been killed him. The petitioners have no criminal antecedents. However, after investigation, charge sheet has

Patna High Court Cr.Misc. No.10511 of 2015 (3) dt.29-04-2015 2/2 already been submitted. There is no chance of tempering with the evidence.

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 Sri Ankur Gupta, Judicial Magistrate-1st Class, Khagaria in Choutham P.S. Case No.122 of 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