Patna High CourtCR. MISC./13013/2018bail granted

Shankar Gope @ Shankar Rai v. The State Of Bihar

2018-04-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13013 of 2018 Arising Out of PS.Case No. -445 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Shankar Gope @ Shankar Rai, Son of Late Gajadhar Rai, Resident of Mohalla- Naya Tola, Phulwari sharif, P.S.- Phulwari Sharif, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under sections 302, 201/34 of the IPC.

Learned counsel for the petitioner submits that merely on the basis of suspicion due to past dispute the petitioner has been implicated in this case. FIR has been lodged on 11.8.2016 upon recovery of the dead body. He submits that from the FIR it would be evident that the victim was missing since 6th August and only on 9th August missing information has been lodged by the informant, even till that date she has not alleged anything against the petitioner. Prior to the lodging of this case, he is not accused in other case. Petitioner is in custody since 12.10.2017. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be

Patna High Court Cr.Misc. No.13013 of 2018 (3) dt.06-04-2018 2/2 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna in Phulwari Sharif (Janipur) Police Station Case No. 445 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi./- U T