Jangli Sah @ Chandradeo Sah And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24143 of 2017 Arising Out of PS.Case No. -309 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Jangli Sah @ Chandradeo Sah, S/o Late Jagdish Sah, Resident of VillageBhawanipur, P.S. Rangra (Gopalpur), District- Bhagalpur.
2. Tuntun Sah @ Krishnandan Gupta, S/o Saheb Sah, Resident of VillageBharna, P.S.- Beldour, District- Khagaria.
3. Sanjay Sah @ Sanjay Kumar Sah, S/o Saudagar Sah Resident of VillageParbatta Bazar, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Janaklal Saj, S/o Late Asharfi Sah, Resident of Sahu Tola Bhawanipur, P.S.- Gopalpur (Rangra), District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-05-2017 Heard the learned counsel for the petitioners and the State.
This is a petition for grant of regular bail for offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners and other named accused is that they variously armed entered into the house of the informant and committed murder of the mother of the informant, who was sleeping in the verandah. Specific allegation of commission of firearm injury to the mother of the informant is
Patna High Court Cr.Misc. No.24143 of 2017 (2) dt.17-05-2017 2/2 against the petitioners. The doctor found multiple wounds of entry and exit at the time of post-mortem.
Submission of the petitioners is that, in fact, the informant is not eye-witness of the occurrence.
After investigation, the police submitted final form and did not send up the petitioner for trial. However, against the protest petition, Complaint Case No. 309/2014 was registered. No other witnesses have supported the occurrence as eye-witness of the occurrence. Considering the aforesaid facts, the petitioners, above named, be released 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 II, Naugachia, Bhagalpur in connection with Complaint Case No. 309/2014.
(Birendra Kumar, J.) Rakhi U T