Gauri Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22419 of 2017 Arising Out of PS.Case No. -332 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Gauri Shankar Singh, son of Hari Narayan Singh, resident of VillageBarhupar, P.S.- Mohania, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Prakash Singh, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.01.2017 in connection with Mohania P.S. Case No. 332 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his father had gone to plough his field, petitioner and other accused persons have tied his legs and strangulated him.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.22419 of 2017 (4) dt.13-07-2017 2/3 the petitioner that there is no eye-witness to the alleged occurrence. He bears no criminal history and the allegation is against the petitioner along with other co-accused, who all are agnates. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. He submits that there is a land dispute between the parties and that other accused have been granted the privilege of bail on similar allegations by coordinate Benches of this Court in Cr. Misc. No. 14254 of 2017 on 27.04.2017 and Cr. Misc. No. 20209 of 2017 on 28.06.2017.

However, learned counsel appearing on behalf of the informant vehemently opposes the prayer for bail stating that the petitioner along with other co-accused has killed his father. Learned A.P.P. for the State also opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.22419 of 2017 (4) dt.13-07-2017 3/3 Kaimur at Bhabua in connection with Mohania P.S. Case No. 332 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner and he will appear before the learned Court below on each and every date.

(Nilu Agrawal, J.) Arjun/- U T