Lalbabu Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70398 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- Semra District- West Champaran ======================================================

1. Lalbabu Mian, S/o Late Sattar Mian

2. Bablu Mian, S/o Lalbabu Mian Both Resident of Village- Bairati, P.S.- Semra (Chiutaha) District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Ravi Shankar Sahay, Advocate Sri Randhir Kumar No. 1, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-12-2018 Heard Sri Ravi Shankar Sahay, learned counsel assisted by Sri Randhir Kumar No. 1, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, who are in custody in connection with Semra P.S. Case No. 114 of 2018 registered for the offence under Sections 302/ 201/34 of the Indian Penal Code, 1860 have prayed for grant of bail.

Learned counsel for the petitioners by way of referring to the F.I.R. submits that informant is not eye witness of the case. He himself has stated that his second son while went to attend call of nature he saw dead body of another son of the informant and he informed the informant. While they

Patna High Court Cr.Misc. No.70398 of 2018(2) dt.03-12-2018 2/2 reached the field they saw that two petitioners were trying to dispose of the dead body but on chase after throwing the dead body they fled away. Learned counsel for the petitioners submits that charge sheet against both the petitioners has been submitted and investigation is still going on.

At the moment, I am not inclined to grant bail The prayer for grant of bail stands dismissed. (Rakesh Kumar, J) praful/- U T