Patna High CourtCR. MISC./44356/2019bail granted

Shailendra Kumar Das @ Hulka @ Manmohan Bharti v. The State Of Bihar

2019-09-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44356 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== SHAILENDRA KUMAR DAS @ HULKA @ MANMOHAN BHARTI Son of Late Nago Das @ Nage Das @ Nageshwar Das Resident of VillageShahabad, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. The prosecution case in short is that the accused persons caused death of the daughter of the informant by pressing her neck.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.10.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The name of the petitioner has transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive

Patna High Court CR. MISC. No.44356 of 2019(3) dt.27-09-2019 2/2 evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to connect the petitioner with the alleged crime.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st Naugachia in connection with Kharik P.S. Case No. 238/18.

(Sudhir Singh, J) Pankaj/- U T