Rajo Sardar @ Rajendra Sardar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5097 of 2017 Arising Out of PS.Case No. -185 Year- 2015 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Rajo Sardar @ Rajendra Sardar, son of Kadam Lal Sardar, resident of Village- Charnai, P.s.- Chhatapur (Rajeshwari O.P.), District- Supaul.
2. Bijendra Sardar, son of Pandu Sardar,
3. Puja Devi, wife of Bijendra Sardar, Both are resident of VillageBishrampur, P.S.- Bharganwa, District- Araria. .... .... Petitioners
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 302, 201 and 120B/34 of the Indian Penal Code. The allegation against the petitioners is that they under the conspiracy committed the murder of the son of the informant and thereafter conceal his dead body near the Charnai canal. It has been submitted on behalf of the petitioners that the petitioner no.1 is in custody since 03.06.2016 and the petitioners no.2 and 3 are in custody since 02.09.2016. The charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of
Patna High Court Cr.Misc. No.5097 of 2017 (3) dt.28-02-2017 2/2 witnesses alleged against the petitioners. The names of the petitioners have come on the basis of previous enmity. There is no eyewitness to the alleged occurrence nor there is any circumstantial evidence to suggest their implication in the present case. The F.I.R. has been instituted after six days of the occurrence.
On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Supaul in connection with S.T. No. 203 of 2016, arising out of Chhatapur P.S. Case No. 185 of 2015. (Sudhir Singh, J.) Amit/- U T