Jai Chand Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.830 of 2017 ======================================================
1. Jai Chand Sah, S/o Priti Sah,
2. Rajkumar Sah, S/o Jai Chand Sah, All resident of Village- Khaira, P.S.- Falka,. Dist- Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Madhav For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Banka P.S. Case No. 727 of 2015 for the offences punishable under sections 302 and 34 of the I.P.C.
The petitioners are named in the FIR along with others who have killed Arvind Sah with sharp cutting weapon after cutting his neck and also sprinkled acid on his body. Submission is of false implication and that the petitioners have got no concern with the deceased, they have been made unnecessarily accused, the informant is not an eye witness and only on suspicion he has given the names of the accused
Patna High Court Cr.Misc. No.830 of 2017 (3) dt.08-02-2017 2/2 persons including the petitioners, the police after completing investigation submitted final form after finding the case not true against the petitioners and others due to lack of evidence, but on protest cognizance has been taken and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. fairly submits that the police after completing investigation submitted final form due to lack of evidence.
In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Banka in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T