Komal Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47057 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Komal Shah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code.
Petitioner is named in the first information report but the informant expressed his suspicion against the petitioner and some others on the basis of previous dispute and enmity. In course of investigation, it came to light that the deceased was a Tantrik and the dispute took place between the petitioner and deceased on the payment of some money prior to the alleged occurrence. Subsequently, one co-accused namely Tengra Ram was arrested and made his confessional statement leading to recovery of Taveej, sports shoe and torch. The seized torch is said to be of petitioner and except the aforesaid
Patna High Court Cr.Misc. No.47057 of 2016 (2) dt.27-10-2016 2/2 circumstantial evidence, there is against the petitioner. Moreover, co-accused Laxman Sah and Dheeraj Sah, having more or less similar allegation, have already been granted privilege of bail by a coordinate bench of this court vide order dated 04-10-2016 passed in Cr. Misc. No. 38409 of 2016.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Adhaura P.S. Case No. 43 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua.
(Hemant Kumar Srivastava, J) A.K.V./- U T