Shere Bihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43785 of 2018 Arising Out of PS. Case No.-134 Year-2007 Thana- SUGAULI District- East Champaran ====================================================== Shere Bihar, Son of Md. Abulash @ Baba Abu Lash Champarani, resident of Village- Hata, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar For the Opposite Party/s :

Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 304 of 2018 arising out of Sugauli P.S. Case No. 134 of 2007 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code and 25 [1-B] a, 26, 35, 27 of Arms Act.

Informant has alleged in the FIR that he has got suspicion against co-accused Buta Mian that he might have committed murder of his brother with the help of Shere Bihar (Petitioner).

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case only on suspicion, except suspicion there is nothing against

Patna High Court Cr.Misc. No.43785 of 2018(5) dt.10-10-2018 2/2 petitioner. There is no evidence either direct or indirect against petitioner. It has been further submitted that co-accused Buta Mian @ Jamil Hassan Mian has been granted bail by this Hon'ble Court in Cr. Misc. No. 37665 of 2008 vide order dated 19.11.2008. Petitioner has no criminal antecedent and he is in custody since 31.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-13, Motihari, East Champaran, in connection with Sessions Trial No. 304 of 2018 arising out of Sugauli P.S. Case No. 134 of 2007.

(S. Kumar, J) veena/- U T