Shambhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9397 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Shambhu Ram S/o Late Satyanarayan Ram, Resident of Village- Bhola Tola- English, Police Station- Lakhisari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Lakhisarai P.S. Case No. 205 of 2016 instituted for the offence under Section 302/120(B)/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is in custody since 20.9.2016. There is no allegation of any specific overt act against him.

It is merely alleged that he got the brother of the informant killed on account of enmity by Pappu Yadav. As per written report , Banti Kumar came in the hotel of the brother of the informant and took his brother in back side of the hotel. The informant heard sound of firing and went there and he saw the accused running away. The brother of the informant

Patna High Court Cr.Misc. No.9397 of 2017 (3) dt.30-03-2017 2/2 sustained fire-arms injury on his head.

The informant has alleged that this petitioner on account of enmity has got his brother murdered through one Pappu Yadav.

Case diary has been received.

The learned A.P.P. has submitted that in para 21 of the case diary there is specific allegation of causing fire-arms injury against accused Banti Kumar.

Mere suspicion has been raised against this petitioner.

Considering the aforesaid facts and circumstances, the prayer for bail of the petitioner 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 learned Chief Judicial Magistrate, Lakhisarai , in connection with Lakhisarai, P.S.Case No. 205/2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) Ravi/- U T