Bhaiya Ram Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44840 of 2015 Arising Out of PS.Case No. -20 Year- 2013 Thana -SANJHAULI District- SASARAM (ROHTAS) ======================================================

1. Bhaiya Ram Singh,

2. Bali Ram Singh, Both son of Sohrai Singh, resident of Village- Majhauli, P.S.- Sanjhauli, District- Rohtas.

3. Mokhatar Singh @ Mukhtar Singh son of Late Basdeo Singh, resident of Village- Karma, P.S. Baghaila, District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj, Adv. For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2015 Heard both sides.

The petitioners seek bail in Sanjhauli P.S. Case No. 20/2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The informant alleged that while his brother Pappu was coming he was killed. The informant suspected that the petitioners and other accused persons killed the deceased Pappu on account of previous enmity.

It is submitted that there is no eye-witness of the occurrence. One Ranjit Kumar was accompanying the deceased while he was taking breakfast in a line hotel but the statement of

Patna High Court Cr.Misc. No.44840 of 2015 (2) dt.24-09-2015 2/2 Ranjit Kumar was not recorded in the entire case diary. Save and except suspicion, the investigating officer did not collect any material and submitted charge-sheet against the petitioners showing the petitioners absconder. The petitioners were apprehended and since 24.06.2015 they are in jail. Similarly situated co-accused Manjit Kumar Singh @ Doma and Kameshwar Singh have already been enlarged on bail vide order passed in Cr. Misc. No. 43955/2013 and 43974/2013. On the other hand, learned counsel for the informant as well as learned Additional P.P. vehemently opposed the prayer for bail and submitted that the petitioners were absconding, but did not show any material against the petitioners except the suspicion.

Considering the facts aforesaid, the petitioners above named are directed to be enlarged 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 Sub Divisional Judicial Magistrate, Bikramganj (Rohtas), in connection with Sanjhauli P.S. Case No. 20/2013.

(Prabhat Kumar Jha, J.) Rakhi/- U T