Govind Saw @ Govind Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3753 of 2016 Arising Out of PS.Case No. -66 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================
1. GOVIND SAW @ GOVIND SAH S/o Late Jawahir Saw
2. Vikkey Saw @ Vikky Sah S/o Late Jawahir Saw Both are resident of village - Chhoti Pahari, P.S. Agam Kuan, Distt.- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Anil Pd. Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners is in custody since 30.11.2015 in connection with Agam Kaun P.S. Case No. 66 of 2015, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits actually the informant is not the eye witness to the said occurrence. It is further submitted one Gyatri Devi and Munchun have named Gautam Halwai but they have not named the petitioners. Learned counsel for the petitioner submits that subsequently three other witnesses have stated that Gautam Halwai and his two brothers came on motorcycle and assaulted Chotu @ Chotaka, however the name of
Patna High Court Cr.Misc. No.3753 of 2016 (2) dt.09-02-2016 2/2 these petitioners have not come and only on the basis of suspicion, they have been implicated in the present case. It is also the fact that informant is not the eye witness of the said occurrence and also that the petitioners have not been named in the FIR and since they have no criminal antecedent, they may be granted the privilege of regular bail.
Considering the aforementioned facts and circumstances and also that the petitioners is languishing in jail custody since 30.11.2015, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City, in connection with Agam Kaun P.S. Case No. 66 of 2015.
(Anjana Mishra, J) siddharth/- U T