Sheonath Prasad @ Sheo Prasad @ Shivnath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47675 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- MUZAFFARPUR RAIL P.S. District- Saran ====================================================== SHEONATH PRASAD @ SHEO PRASAD @ SHIVNATH PRASAD, aged about 50 years, Male, Son of Late Dewaki Prasad, Resident of villageManglapur, P.S.- Sangrampur, District- Motihari ... Petitioner

Versus

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

For the Petitioner :

Mr. Basant Kumar Singh, Adv.

For the Opposite Party :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The learned counsel appearing on behalf of the petitioner submits that it would appear from the first information report that on the basis of the fardbeyan of informant, Indrajeet Yadav, Rail P.S. Case No. 4 of 2019 was instituted on 06.01.2019 under Sections 379, 323, 307 of the Indian Penal Code against one unknown and in the fardbeyan the informant has stated about identifying the culprit on seeing him again. In course of investigation, one Surendra Jha, who confessed his guilt and disclosed the name of the petitioner as his associate indulged in the crime on 11.01.2019, thereafter, the petitioner was apprehended on 14.03.2019 from the Railway Station, Muzaffarpur, and, thereafter, police remanded the petitioner in several cases, as detailed in paragraph 3 of the

Patna High Court CR. MISC. No.47675 of 2019(4) dt.04-12-2019 2/2 petition and the test identification parade of the petitioner was also done on 01.04.2019, but, the informant nowhere stated that he can identify the petitioner. Petitioner is in custody since 14.03.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rail P.S. Case No. 4 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate (Railway), Sonepur, Saran at Chapra, subject to the condition that out of two sureties, one must be parent or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T