Dhiraj Kumar @ Dheeraj Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2417 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Dhiraj Kumar @ Dheeraj Kumar son of Sri Shishupal Singh.

2. Shishupal Singh son of Sri Surendra Singh. Both are residents of village -Jalalpur, P.S.- Rupaspur, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Anita Singh, Advocate For the State : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Hilsa P.S. Case No. 192 of 2015 registered under Sections 302 and 120B of the Indian Penal Code.

It is contended that the son of the informant died in a road accident on 24.1.2015 but a complaint was filed in the court on 13th March, 2015 alleging that the petitioners were instrumental in causing death of his son. The said complaint was referred to the police under section 156(3) of the Code of Criminal Procedure for investigation pursuant to which FIR was registered on 15th April,

Patna High Court Cr.Misc. No.2417 of 2016 (3) dt.12-04-2016 2/2 2015. It is further contended that save and except wild suspicion and hypothetical presumption, there is no other material to connect the petitioners with the alleged offence.

On the other hand, learned counsel for the State has submitted that the case is based on circumstantial evidence and the investigation is still going on.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioners are directed to 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 learned A.C.J.M., Hilsa, Nalanda in connection with Hilsa P.S.Case No. 192 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T