Ajit Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18385 of 2018 Arising Out of PS.Case No. -64 Year- 2016 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================
1. Ajit Kumar, Son of Late Mahendra Singh, Resident of Village-Jobaradih, Police Station-Agiaon Bazar in the District of Bhojpur.
2. Wakil Singh @ Sadhu Jee, Son of Late Devraj Singh, Resident of Village-Sukhrauli, P.O.-Pachrukhiya, Police Station-Piro in the District of Bhojpur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Agiaon Bazar P.S. Case No. 64 of 2016, registered for the offences punishable under Sections 302, 201, 506 and 120B of the Indian Penal Code.
Allegation against the petitioners is that they have killed the deceased, who happened to be brother of informant, after getting a sale deed registered from him.
Submission of learned counsel for the petitioners is that petitioner No.1 is nephew of the deceased as well as the informant and petitioner No.2 is relative of petitioner No.1 and as a matter of fact the deceased was living along with father of petitioner No.1 and he was suffering from Cancer and he was taken to Varanasi by the petitioners and others for treatment and he was taken to house
Patna High Court Cr.Misc. No.18385 of 2018 (3) dt.09-05-2018 2/2 as per advise of the Doctor and dead body was cremated. Further submission is that deceased was living with petitioner No.1, as such, will was executed in his favour. Moreover, similarly situated co-accused have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.7.2017 passed in Cr.Misc.No. 20993 of 2017.
Heard learned APP also.
Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VIII, Bhojpur, Ara, in connection with Agiaon Bazar P.S. Case No. 64 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immovable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U