Laleshwar Hembram @ Laleswar Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50691 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -NAUHATTA District- SAHARSA ====================================================== Laleshwar Hembram @ Laleswar Hembram, Son of Suraj Hembram, Resident of Village- Nayanagar Santhal Tola, P.S.- Nauhatta, DistrictSaharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 189 of 2016, arising out of Nauhatta P.S. Case No. 107 of 2016 dated 24.06.2016 instituted for the offences under Sections 302/34 of the Indian Penal Code.

The son of the informant had gone to the market on 23.06.2016 but did not return. On 24.06.2016, a co-villager of the informant viz. Raj Kishore Choudhary informed him that he had seen the son of the informant lying dead in the house of one Churki Devi. On such information, the informant went to the place

Patna High Court Cr.Misc. No.50691 of 2017 (3) dt.30-11-2017 2/3 as told to him and found the dead body of his son. The informant later states that he came to learn that Shyam Pasi, Laleshwar Hembram (the petitioner), Roshni Tudu, Surajmani and others have killed the deceased.

Mr. Amarnath Jha, learned counsel for the petitioner, however has stated that though petitioner has been named in the F.I.R, but the informant has named him only on the basis of some information collected by him, the source of which was not disclosed.

During course of investigation, no definite material could be collected against the petitioner. After submission of charge-sheet against the petitioner and others, the case went in trial and in the Sessions Trial, three witnesses who have been examined up till now, have not supported the prosecution version. The petitioner is in custody since 15.09.2016 and does not bear criminal antecedent.

Taking into account the aforesaid facts, during the pendency of the trial, this Court is inclined to grant bail to the petitioner.

The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.50691 of 2017 (3) dt.30-11-2017 3/3 of learned Additional Sessions Judge, 1st, Saharsa in connection with Sessions Trial No. 189 of 2016, arising out of Nauhatta P.S. Case No. 107 of 2016.

(Ashutosh Kumar, J) Shageer/- U T