Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8142 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Prakash Sah Son of Late Ram Sewak sah, Resident of Village-Singhiya Makandpur, Police Station-Gopalpur, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the State : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Gopalpur P.S. Case No. 134 of 2016 instituted for the offence under Section(s) 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that mere suspicion has been raised against this petitioner. The other co-accused with similar allegation has been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 50132 of 2016 on 25.01.2017. It is apparent from the First Information Report that the deceased was shot dead by unknown person and information was given on mobile by driver of the deceased to the

Patna High Court Cr.Misc. No.8142 of 2017 (2) dt.08-03-2017 2/2 daughter-in-law of the informant. The allegation against the petitioner is that he was not happy with the deceased since the deceased has started business of selling stone chips and sand near the house of the petitioner and it causes dust pollution. Hence, mere suspicion has been raised against the petitioner in the written report.

From the order of the learned Sessions Judge, it appears that no substantive evidence has been found in the case diary.

The petitioner is in custody since 18.06.2016. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 134 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T