Ram Dular Kharwar @ Dular Singh Kharwar@Nawal Singh Kharwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36939 of 2016 Arising Out of PS.Case No. -46 Year- 2015 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================
1. Ram Dular Kharwar @ Dular Singh Kharwar @ Nawal Singh Kharwar Son of late Bishesher Kharwar R/o Village Salma, P.S. Nauhatta, District Rohtas at Sasaram .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
Informant is not an eye witness of the alleged occurrence and according to prosecution case itself, the parents of the informant were found missing since 04.03.2015 and after one month, decomposed dead bodies of parents of the informant were recovered. The informant expressed his suspicion against the petitioner and others disclosing this fact that wife of Bir Bahadur Singh, who happens to be his agnate, had illicit relation with
Patna High Court Cr.Misc. No.36939 of 2016 (2) dt.01-09-2016 2/2 petitioner and it was co-accused, Bir Bahadur Singh who invited the petitioner and other extremists to kill his parents so that Bir Bahadur Singh could grab the lands of deceased persons. Submission on behalf of the petitioner is that coaccused, Bir Bahadur Singh and some others have already been granted privilege of bail and so far as petitioner is concerned, except suspicion as well as some criminal antecedent of the petitioner, there is nothing against him. It is further submitted that petitioner is in jail custody since 15.01.2016 and the investigation against him has already been completed.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 46 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T