Kishore Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14200 of 2017 Arising Out of PS.Case No. -101 Year- 2014 Thana -BAKHTIARPUR District- SAHARSA ======================================================
1. Kishore Sah, S/o- Suresh Sah,
2. Narayan Sah, S/o- Ram Pratap Sah. Both Residents of Village- Kalwara, P.S.- Balot Morkahi, District- Khagaria.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail accused in connection with Bakhtiyarpur P.S. Case No. 101 of 2014, registered under Sections 147, 148, 149, 302 of the Indian Penal Code, Section 27 of Arms Act and Section 3(2) of SC/ST Act.
The accusation is of killing of SonoSada @ Sushil Sada, son of the informant, in the way of village Kalbara by Krishna Yadav and nine others named in the F.I.R., including the petitioners, due to previous dispute.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that neither the informant nor his daughter in law is the eye-witness of the occurrence, rather the
Patna High Court Cr.Misc. No.14200 of 2017 (2) dt.07-04-2017 2/2 name of the petitioner and others have been disclosed by the daughter-in law of the informant due to previous enmity. Further submission is that it would appear from the F.I.R that ten persons named in the F.I.R. killed the deceased, but only one fire arm injury was found over the dead body of the son of the informant. The petitioners are in custody since 14.12.2016. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 101 of 2014. (Rajendra Kumar Mishra, J) manish/- U T