Hare Ram Mukhiya @ Hare Ram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53841 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -BAHERI District- DARBHANGA ====================================================== Umesh Mukhiya @ Umesh Sahani Son of Chharpar Sahani Resident of Village - Chakka, Police Station - Baheri, District - Darbhanga. .... .... Petitioner.

Versus

The State of Bihar. .... .... Opposite Party. WITH Criminal Miscellaneous No.55886 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -BAHERI District- DARBHANGA ====================================================== Hare Ram Mukhiya @ Hare Ram Sahni, S/o Late Lakhan Sahni @ Chharpan Mukhiya, Resident of Village- Jorja, P.S.- Baheri, DistrictDarbhanga. .... .... Petitioner

Versus

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

(In Cr.Misc. No.53841 of 2017) For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Braj Kishore Prasad (In Cr.Misc. No.55886 of 2017) For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Baheri P.S. Case No.109 of 2007 registered under Section 302 of the Indian Penal Code. As per the prosecution case, petitioners are said to have committed murder of the brother of the informant over row of fishing.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.53841 of 2017 (03) dt.12-12-2017 - 2 - that there is no eye-witness of the occurrence. There is only suspicion against the petitioners and the witnesses have also suspected the complicity of the petitioners in the occurrence as there was dispute between the petitioners and the deceased over row of fishing preceding to occurrence. Petitioners were not put on T.I.P. There is nothing in the case diary indicating the complicity of the petitioners in the occurrence. The petitioners have been languishing in custody since 28.06.2017.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Darbhanga in connection with Baheri P.S. Case No.109 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T