Pinki Kuwar @ Pinki Kumar @ Ravindra Kumar @ Ravindra Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32566 of 2015 Arising Out of PS.Case No. -116 Year- 2013 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pinki Kuwar @ Pinki Kumar @ Ravindra Kumar @ Ravindra Kuwar S/o Ram Ayodhya Kuwar Resident of Village Parsauni Kuwar, P.S. Patahi, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-11-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201 of the I.P.C The unknown miscreants committed murder of Subodh Pandey, the brother of the informant and during investigation it has come that the deceased was addicted to wine and in the process of drinking there was altercation with the petitioner and it appears that the petitioner has committed his murder.

Submission is of false implication and that besides suspicion there is nothing against the petitioner. The witnesses Raj Narayan Singh and Ram Binay Mahto have only stated that the

Patna High Court Cr.Misc. No.32566 of 2015 (4) dt.06-11-2015 2/2 petitioner and Pramod Pandey were seen drinking together and was claiming to commit murder.

The learned A.P.P. fairly submits that there is no eye witness of the occurrence and the charge sheet has already been submitted.

In the facts and circumstances as stated above, considering that there is no eye witness of the occurrence and further the petitioner was not seen in the company of the deceased and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sikrahana at Motihari, East Champaran in Patahi P.S. Case No. 116 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T