Sheojee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44814 of 2015 Arising Out of PS.Case No. -249 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sheojee Singh, son of Antu Singh, resident of village- Nawagaon, P.S.- Sonhan, District- Kaimur at Bhabua.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

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

The petitioner seeks bail in Bhabhua (Sonhan) P.S. Case no. 249/2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant alleged that Ajay Singh came and there took a verbal altercation with Bikau Singh, the brother of the informant and when his brother chided him Manu Singh, Ramesh Kumar Singh and Sanjay Singh also came there. Ajay Singh stabbed his brother to death. Manu Singh, Ramesh Kumar Singh and Sanjay Singh were surrounding the brother of the informant. The petitioner is not named in the FIR.

It is submitted that the name of the petitioner figured in the case during course of investigation only on account of enmity.

Patna High Court Cr.Misc. No.44814 of 2015 (2) dt.24-09-2015 2/2 On the other hand, learned counsel for the informant submits that during course of investigation two eye-witnesses of the occurrence disclosed that the petitioner also caught the deceased.

But from perusal of the FIR itself, it appears that the informant who is the own brother of the deceased made very specific allegation that at the time of occurrence only four persons were present in which Ajay Singh stabbed. Bikau Singh and other three persons were only surrounding. The informant did not say about the presence of the petitioner at the place of occurrence. Considering the facts aforesaid, the petitioner above named is 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 Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Bhabhua (Sonhan) P.S. Case No. 249/2015.

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