Krishna Sah @ Joni Liver @ John Liver v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38760 of 2014 Arising Out of PS.Case No. -114 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================
1. Sri Ram Sah S/o Ramsiya Sah, resident of village- Banaul, P.S.- Nanpur, Dist.- Sitamarhi.
.... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== WITH Criminal Miscellaneous No.47554 of 2014 Arising Out of PS.Case No. -114 Year- 2014 Thana -NANHPUR District- SITAMARHI ======================================================
1. Krishna Sah @ Joni Liver @ John Liver son of Ram Siya Sah, Resident of Village- Bhaur, P.S.- Nanpur, District- Sitamarhi. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.38760 of 2014) For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party/s : Mr. Satyendra Nr. Singh(APP) Mr. Sunil Prasad Singh, Advocate.
(In Cr.Misc. No.47554 of 2014) For the Petitioner/s : Mr. Hans Lal Kumar, Advocate. Mr. Alok Kumar Alok, Advocate.
For the Opposite Party/s : Mr. Khurshid Anwar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 20-01-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioners, namely, Sri Ram Sah and Krishna Sah @ Joni Liver @ John Liver, in connection with Nanpur Police Station Case No. 114 of 2014, under Sections
Patna High Court Cr.Misc. No.38760 of 2014 (3) dt.20-01-2015 2/3 302/201/120B of the Indian Penal Code.
Perused the above application and materials on record.
Heard Mr. Sangeet Deokuliar and Mr. Alok Kumar Alok, learned counsel for the petitioners, and Mr. S. N. Singh, learned Additional Public Prosecutor, appearing on behalf of the State.
Though the occurrence had taken place on, 17.03.2014, the first information report was lodged as back as on 03.04.2014. For lodging the first information report belatedly, no explanation has been offered and no explanation is discernable from the materials on record or from the case diary.
In view of the fact that the accused-petitioners, namely, Sri Ram Sah and Krishna Sah @ Joni Liver @ John have been in custody since 06.08.2014 and 27.07.2014, respectively in connection with the case aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioners in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect their trial, it is hereby directed that the accused above-named shall be released on bail of Rs.
Patna High Court Cr.Misc. No.38760 of 2014 (3) dt.20-01-2015 3/3 10,000/- each with two sureties, each of the like amount, subject to the satisfaction of the learned Sub-divisional Judicial Magistrate, Pupri, at Sitamarhi.
In terms of the above directions, this bail application shall stand disposed of.
(I. A. Ansari, J.) Mkr./- U