Kaum @ Star v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36520 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== KAUM @ STAR Son of Late Ali Akhtar Resident of Village-Dakshin Tola, Police Station-Siwan Town, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Bipin Kumar For the State : Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Siwan Town P.S. Case No. 96/2019, instituted for offence under Section(s) 302, 120(B) of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on 01.02.2019 at about 8:30 P.M., grandson of informant had gone with this petitioner and other five named accused persons and 3-4 unknown persons. At 10:00 P.M. informant learnt that his grandson is shot dead. Thereafter informant along with villagers rushed to Dakhin Tola near mosque and found his grandson was lying dead. He was brought to hospital where doctor declared him dead.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.36520 of 2019(3) dt.13-08-2019 2/2 there is no eye-witness to the occurrence.

Learned Sessions Judge, Siwan has mentioned in the impugned order about different paragraphs of case diary wherein witnesses have supported the allegation against this petitioner, but all the witnesses are hearsay witnesses. In para 185 and 187 of case diary witnesses have stated that petitioner was present on the place of occurrence. In this manner, besides suspicion there is no allegation of overt act against this petitioner.

Petitioner is in custody since 01.04.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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, Siwan, in connection with Siwan Town P.S. Case No. 96/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T