Patna High CourtCR. MISC./27715/2016bail granted

Hira Shah v. The State Of Bihar

2016-09-17Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.27715 of 2016 (4) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27715 of 2016 Arising Out of PS.Case No. -167 Year- 2015 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Hira Shah Son of Late Parikshan Shah Resident of village - Aghaya Mithya, Police Station Goreakothi, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kant For the Opposite Party/s Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 17.09.2016 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 of the Indian Penal Code.

Informant claims that his son, namely, Raju Bansphor was working with the petitioner and there was some dispute between them on the point of payment of wages and that was the reason, petitioner committed murder of his son.

Submission on behalf of the petitioner is that, no doubt, informant's son was working with the petitioner but, as a matter of fact, informant's son as well as one Basdev Sah met an accident and both aforesaid persons died. Subsequently, present informant as well as son of the aforesaid Basdev Sah lodged two separate cases against

Patna High Court Cr.Misc. No.27715 of 2016 (4) dt.17-09-2016 the petitioner.

Learned counsel for the petitioner drew my attention towards annexure 2 to the petition and submitted that after accident, police reached near the place of occurrence and seized tractor and other articles and information regarding the aforesaid accident was given by ASI to officer-in-charge of Barharihya police station. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Goreakothi P.S. Case no. 167/2015.

shahid (Hemant Kumar Srivastava,J) U T