Arun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15000 of 2016 Arising Out of PS.Case No. -254 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Arun Sah, s/o Budhan Sah, r/o vill-Lakshmipur, Pacchawari Tola Mohra Ghat, PS- Alauli, Dist- Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kuma, Advocate For the Opposite Party : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Alauli PS case no. 254/2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegedly, the petitioner is named in the first information report along with others as they have kidnapped Bheem Sada aged about 10 years son of the informant after strangulating him and further poured acid on his body. Submission is of false implication and that the informant is not the eye witness, during investigation also

Patna High Court Cr.Misc. No.15000 of 2016 (3) dt.24-06-2016 2/3 no one has come forward to say regarding the actual killing of the deceased by the petitioner and only on suspicion, the petitioner has been implicated resulting he is in custody since 28.02.2016 and without any proper investigation, charge-sheet has also been submitted. Learned A.P.P. submits that other witnesses have also suspected the hand of the petitioner and other co-accused.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria arising out of Alauli PS case no. 254/2015 subject to the conditions that one of the bailors must be 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

Patna High Court Cr.Misc. No.15000 of 2016 (3) dt.24-06-2016 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) rinkee/- U T