Patna High CourtCR. MISC./38350/2015bail granted

Gaya Sah @ Gaya Saha And ORS v. The State Of Bihar

2015-10-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38350 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -ITADHI District- BUXAR ======================================================

1. Gaya Sah @ Gaya Saha son of Ram Raj Sah

2. Lal Keshwar Sah@lal Keshwar saha@lal Keshwar Gupta

3. Vimlesh Sah@Vimlesh Saha@Vimlesh Gupta Both petitioner sons of Gaya Sah@Gaya Saha Resident of Village- Oari, Police Station -Itarhi, District Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 302/201 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioners is that they have committed murder of a young boy whose dead body was found lying in the field of one Vinod Tiwary in village Oari. It has been submitted on behalf of the petitioners that he is in custody since 22.6.2015. Chargesheet has been submitted in the case against the petitioners. They have got no criminal antecedent. There is no allegation of tampering with the evidence against the petitioners. Petitioners are not named in the F.I.R. Only material against the petitioners is confessional statement of the co-accused. There is no eye witness to the occurrence. No circumstantial evidence is there to suggest implication of the petitioners.

Patna High Court Cr.Misc. No.38350 of 2015 (3) dt.08-10-2015 2 / 2 On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. Case no. 150 of 2015.

(Sudhir Singh, J) sudip/- U T