Amresh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.27834 of 2015 (4) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27834 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -TARARI District- BHOJPUR ======================================================

1. Amresh

2. Shiv Muni both sons of Nandjee Sharma resident of village - Balubandh, P.S. Charpokhari, District - Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Kishore Kumar Thakur For the Opposite Party : Mr. Jitendra Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 302/34 of the Indian Penal Code. It is alleged against the petitioners is that they shot at the brother of the informant who died later on while under going treatment for the gun shot injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. In course of investigation number of paragraphs of the case diary has been referred, i.e., 22,23,24, 32, 33, 34, 41 and 42 where the witnesses have given a different version than what has been stated in the FIR. It has been stated that the said witnesses have stated that in

Patna High Court Cr.Misc. No.27834 of 2015 (4) dt.30-09-2015 course of Tilak ceremony, an accidental fire had taken place due to which the deceased had sustained injury.

On behalf of the State, it has been admitted that from perusal of the case diary, it appears that the witnesses have not supported the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 learned CJM, Bhojpur at Ara in connection with Tarari P.S.Case No.26 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T