Ramjee Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8250 of 2015 Arising Out of PS.Case No. -106 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================

1. Ramjee Singh S/o Late Bhumi Singh

2. Rajpati Singh S/o Ramjee Singh Both are Resident of Latra Bishanpur, P.S. Bariarpur, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Adv. For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioner seeks bail in Bariarpur P.S. Case No. 106/2014, registered for the offences punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act. The petitioners are not named in the FIR. During the course of investigation all the petitioners were suspected in killing of Shankar Singh on account of fact that deceased had given Rs. 90,000/- to the petitioners for purchasing land and the same was not executed.

It is submitted that except suspicion there is no material to show the involvement of the petitioners. Petitioner no. 1 is the own brother of the deceased and petitioner no. 2 is nephew

Patna High Court Cr.Misc. No.8250 of 2015 (3) dt.21-04-2015 2/2 of the deceased and son of petitioner no.1.

It is further submitted that in para 101, 102 Bablu Kumar, the son of the deceased and Arun Singh made their statement under Section 164 of Cr.P.C. Bablu Kumar disclosed that Dharmveer fired on his father and the petitioners were also along with him whereas Arun Singh, the younger brother of the deceased disclosed that all the three accused persons including the petitioners were there with arms. Such statement are made very belatedly.

It is submitted that there is no eye-witness of the occurrence. The wife, son and brother of the deceased made statement claiming themselves to be eye-witnesses of the occurrence.

Considering the facts aforesaid, the petitioners above named 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 Chief Judicial Magistrate, Munger in connection with Bariarpur P.S. Case no. 106/2014.

(Prabhat Kumar Jha, J.) Rakhi/- U T