Ghan Shyam Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55511 of 2017 Arising Out of PS.Case No. -165 Year- 2017 Thana -BARHARA District- PURNIA ====================================================== Ghan Shyam Roy, Son of Late Upendra Roy, Resident of Village- Sukhsena (Kailu Tola), P.S.- Barhara Kothi, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-01-2018 Heard the counsel for the petitioner, the informant and the State.

The petitioner seeks bail in connection with Barhara P.S. Case No. 165 of 2017 dated 23.07.2017 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The son of the informant is alleged to have been shot at and killed by the named accused persons in the F.I.R. The F.I.R clearly indicates that because the daughter-in-law of the informant had chosen to contest in the Panchayat elections, the erstwhile Mukhiya was unhappy with the deceased and his wife. On the day of occurrence, about eleven named accused persons and others came and fired at the deceased. The deceased has suffered one gunshot injury leading to his death.

Patna High Court Cr.Misc. No.55511 of 2017 (2) dt.08-01-2018 2/2 During the course of investigation, one Bipin Kumar Mandal who claims to be an eye witness has stated that one Charanjeet Mandal had fired from his weapon which led to death of the deceased. Even otherwise, from the F.I.R, it appears that there is general and omnibus allegation of all the accused persons killing the deceased.

The petitioner does not have any criminal antecedent and is in custody since 06.08.2017. Taking into account the aforesaid facts, 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 of learned Additional Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 165 of 2017. (Ashutosh Kumar, J) Shageer/- U T