Ganesh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76372 of 2018 Arising Out of PS. Case No.-348 Year-2018 Thana- MAJORGANJ District- Sitamarhi ======================================================

1. Ganesh Rai, Son of Late Ramdeo Rai.

2. Sujit Kumar, Son of Ganesh Rai, Both Resident of Village-Parsa, P.S.- Majorganj, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Majorganj P.S. Case No. 348/2018, instituted for offence under Section(s) 302 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that son of informant used to sleep in the house of petitioners. On the date of occurrence, son of informant went to the Darwaja of petitioner to sleep as usual. After sometime, informant heard the sound of firing. Thereafter petitioner no. 2 called the informant saying that something has happened with his son. Informant went there and saw his son was lying in the lap of petitioner no. 1. He had sustained gun shot injury in his chest. He was taken to Sadar

Patna High Court Cr.Misc. No.76372 of 2018(3) dt.21-01-2019 2/2 Hospital where doctor declared him dead.

Learned counsel for the petitioners has submitted that there is no eye-witness to the occurrence. Informant has not levelled allegation of specific overt act against these petitioners. Mere suspicion has been raised against them on the ground that there was love affairs between the son of informant and niece of petitioner no. 1.

Petitioners are in custody since 03.09.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let 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 Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 348/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T