Patna High CourtCR. MISC./50931/2017bail granted

Saurabh Kumar And ANR v. The State Of Bihar

2017-11-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50931 of 2017 Arising Out of PS. Case No.-321 Year-2017 Thana- PIRBAHOR District- Patna ======================================================

1. Saurabh Kumar, Son of Sunil Kumar, R/o Village- Dhanhar, P.S.- Ekangarsarai, District- Nalanda.

2. Mukesh Kumar Son of Surendra Prasad, R/o Udaipur, P.S.- Ekangarsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. SRI PARMANAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2017 Heard the counsel(s) for the petitioners, informant and the State.

Prayer is for grant of bail on behalf of the two petitioners who are lodged in jail custody since 22.06.2017 in connection with Pirbahore P.S. Case No. 321 of 2017 registered under section 302 IPC.

Learned counsel for the petitioners submits that the informant is not an eye-witness to the occurrence. On suspicion, he was named amongst other co-accuseds alleging that the deceased, being the son of the informant, was dragged inside the room and beaten to death. It is submitted that the post mortem report does not indicate any external or internal injury.

Patna High Court Cr.Misc. No.50931 of 2017(2) dt.09-11-2017 2/2 The petitioners have no criminal antecedents. Considering the said submission, co-accused Saurabh Kumar, who had also moved the learned Sessions Judge along with the petitioners herein, was granted bail vide order dated 18.10.2017 passed in Cr. Misc. No. 48660 of 2017. Another named co-accused Nitu Devi after consideration of the FSL report indicating no sign of poisoning, was also granted bail. The case of the petitioners stands on identical footing.

Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- each, with two sureties of the like amount each, to the satisfaction of CJM, Patna in Pirbahore P.S. Case No. 321 of 2017 on condition that one of the bailors of each of the petitioners shall be their own/close family members. As soon as the charges are framed, they shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel their bail bonds and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T