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Patna High CourtCR. MISC./52236/2015bail granted

Bhuali Ram And ANR v. The State Of Bihar

2015-12-14Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52236 of 2015 Arising Out of PS.Case No. -390 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhuali Ram Son of Neur Ram, null

2. Umesh Paswan, Son of Late Girdhari Ram, Both are Resident of Village - Shyampur, Police Station - Majhauliya, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners and learned A. P.P. for the State.

The petitioners apprehend their arrest in connection with Majhauliya P. S. Case No. 390 of 2015 registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The learned counsel for the petitioners points out that the informant in his fardbeyan stated that his father went to sleep in the Gowas on 20-07-2015 in the evening. On 22.07. 2015 at about 6.15 A.M. in the morning his dead body was found and he suspected that the petitioners had a hand in the killing of his father because of the land dispute and that the petitioners 4-5 months

Patna High Court Cr.Misc. No.52236 of 2015 (3) dt.14-12-2015 2/2 earlier alleged that the informant's father had illicit relationship with the wife of one of the co-accused Suresh Ram. Learned counsel points out that if the informant's father had been missing for two days, why the informant took no action. This apart, it is only suspicion and nothing more. A co-ordinate Bench of this Court has already been granted the privilege of bail to one of the co-accused Suresh Ram in Cr. Misc. No. 47385 of 2015. I do not propose to take a different view.

Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S.Case No. 390 of 2015, subject to the conditions laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J) Sudha/- U