Shivlal Ram @ Shivlal Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27042 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================
1. Shivlal Ram @ Shivlal Prasad Son of Late Shakti Ram @ Late Shakti Chan Ram, resident of Village Dariyapur, Police Station Udwant Nagar, in the district of Bhojpur.
2. Lav Kumar Son of Late Kashi Nath Ram, resident of Village Baghra Tola, Police Station- Sikarhata, in the district of Bhojpur, presently residing Godhana Road, (Tenant in the house of Birendra Sah), Police Station Ara Nawada, in the district of Bhojpur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioners are named in the first information report and it is alleged that petitioners and other accused went to the house of the informant and took him from there. Subsequently, the deceased was killed by F.I.R. named accused persons. It is specific case of the informant that deceased was shot by fire arm and when he reached near the place of occurrence, he noticed that coaccused Vishal Kumar and Gautam Kumar were carrying country
Patna High Court Cr.Misc. No.27042 of 2016 (3) dt.30-08-2016 2/2 made Kattas in their hands.
The contents of the postmortem report have been incorporated by the I.O. at paragraph-39 of the case diary, which goes to show that the injury was caused to the deceased by fire arm, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioners has already been completed, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Ara, Bhojpur in connection with Udwant Nagar P.S. Case No.175 of 2016.
(Hemant Kumar Srivastava, J) N.H./- U T