Patna High CourtCR. MISC./822/2015bail granted

Jataha @ Shatrughan Kumar And ANR v. The State Of Bihar

2015-03-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.822 of 2015 (4) dt.23-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.822 of 2015 ======================================================

1. Jataha @ Shatrughan Kumar

2. Bharat Kumar Both Sons of Amrendra Singh @ Rangdar, Resident of Village - Sheikhpura, P.S. Naubatpur, Dist.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 23.03.2015 Heard learned counsel for the petitioners, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioners are in jail custody since 23.7.2014 in a case registered under section 302 and other minor sections of the IPC and 27 of the Arms Act.

Altogether eleven persons are named in the first information report but post mortem report of the deceased reveals that deceased sustained only two fire arms injuries. Moreover, there is no specific allegation of any overt-act against these petitioners with whom, admittedly, informant has land dispute.

Learned counsel for the informant points out that having similar allegation prayer for bail of a co-accused has already been rejected by a coordinate bench of this court vide order dated 9.1.2015 passed in Cr. Misc. no. 738/2015.

Patna High Court Cr.Misc. No.822 of 2015 (4) dt.23-03-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that petitioners do not have any criminal antecedent, let the above stated 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 Uma Shankar, Judicial Magistrate, Ist Class, Danapur, Patna/concerned court in Naubatpur P.S. Case no. 314/2014.

shahid (Hemant Kumar Srivastava,J) U T