Neharu Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31273 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Neharu Prajapati, Son of Mathura Prajapati, Resident of Village-Sendura, P.S.-Chand, District-Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner, and the State. The petitioner seeks bail in Chand P.S. Case No. 76 of 2017 instituted for the offence under Sections 302, 201,34 and 120-B of the Indian Penal Code.

It is alleged that dead body of elder brother of father of the informant was found in the well after cutting his neck. One knife was also found in Chamber with blood stain. Learned counsel for the petitioner has submitted that mere suspicion has been raised against the petitioner. He is orthopedically handicapped of 50 per cent from the leg. The informant has raised suspicion in the written report that due to earlier land dispute for purchase of land belonging to Ashok Upadhyay, the petitioner along with other co-accused has

Patna High Court Cr.Misc. No.31273 of 2017 (2) dt.11-07-2017 2/2 killed his uncle.

Learned counsel for the opposite party No. 2 has submitted that in CDR it has come that tower location of mobile of the accused person was found at the relevant time of the occurrence.

From the written report as well as impugned order, it appears that mere suspicion has been raised against the petitioner. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Chand P.S. Case No. 76 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T