Amlesh Kumar @ Amlesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5362 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -SONBARSA District- SITAMARHI ====================================================== Amlesh Kumar @ Amlesh Sahni Son of Kailash Sahani Resident of Village - Purandaha Rajwara, P.S- Sonbarsa, District - Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 15.9.2014 in Sonbarsa P.S. Case no. 64 of 2014 for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.

It is submitted that seven persons have been named in the F.I.R. The petitioner has not been named in the F.I.R. During investigation his name has appeared to have seen in the company of the deceased prior to the occurrence. It is further submitted that from perusal of the F.I.R. itself, it is apparent that the deceased came to his house at 11 P.M. and after some time he told that he was going to attend a feast with 4 to 5 persons. He has further submitted that during investigation it has come to light that in the said night between 10 to 11 P.M. the petitioner was also seen with the deceased. No one has stated that the petitioner was seen with the deceased when he went to attend the feast. The petitioner has no criminal antecedent and there is no allegation of any

Patna High Court Cr.Misc. No.5362 of 2015 (3) dt.27-04-2015 2/2 overt act against the petitioner.

Learned counsel for the State could not controvert the submission of the learned counsel for the petitioner.

Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Sonbarsa P.S. Case no. 64 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner 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, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T