Patna High CourtCR. MISC./50483/2018bail granted

Shailendra Prasad v. The State Of Bihar

2018-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50483 of 2018 Arising Out of PS.Case No. -84 Year- 2015 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shailendra Prasad S/o Shiv Balak Prasad, R/o Vill.- Dihra, P.S.- Chandi, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sucheta Yadav For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Akangarsarai P.S.Case No. 84 of 2015 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Petitioner is not named in the FIR and as per FIR a dead body was recovered from a well and FIR was registered against unknown and later on name of petitioner has been transpired on the basis of suspicion.

Submission of learned counsel for the petitioner is that except suspicion there is nothing against the petitioner and other co-accused persons have been granted anticipatory bail vide order dated 18.2.2016 passed in Cr.Misc.No. 210 of 2016, vide order dated 16.11.2017 passed in Cr.Misc.No. 54736 of 2017 and vide

Patna High Court Cr.Misc. No.50483 of 2018 (4) dt.09-10-2018 2/2 order dated 16.5.2018 passed in Cr.Misc.No. 24484 of 2018 (Annexure-2 series) and petitioner is in custody since 9.6.2018. Heard learned APP also, who has opposed the prayer for bail stating that there was love affair between daughter of informant and the petitioner, as such suspicion has been raised against the petitioner.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Hilsa, in connection with Akangarsarai P.S.Case No. 84 of 2015, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U T