Shankar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25513 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -KOILWAR District- BHOJPUR ======================================================
1. Shankar Prasad Son of Late Sita Ram Prasad, Resident of Village- Milky Mohalla, P.S.- Ara Town, District- Bhojpur at Ara. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.
The petitioner seeks bail in Koilwar P.S. case No. 144 of 2016 under Section 302, 201/34 of the Indian Penal Code. The informant, brother of the deceased, alleged that on 02.06.2016 the petitioner called his brother from his house. The petitioner and Anil Yadav, the deceased, were seen in the market. The maternal uncle of the informant enquired from Anil Yadav who disclosed that he was going to the house of his friend, Akash Singh along with Shankar Prasad, the petitioner. On the next date, i.e., on 03.06.2016, the dead body of Anil Yadav was found in a bush.
The learned counsel for the petitioner submits that nobody saw the petitioner committing the murder of the deceased.
Patna High Court Cr.Misc. No.25513 of 2017 (3) dt.10-07-2017 2/2 The petitioner had gone to the house of Akash Singh but he returned to his house thereafter he does not know where the deceased went up. It is submitted that Akash Singh has already been granted bail by a coordinate bench of this court vide order passed in Cr. Misc. No. 7543 of 2017. The case of petitioner stands on the same footing. The petitioner is in jail since 25.06.2016.
Considering the facts that case of petitioner stands on the same footing as that of Akash Singh and the petitioner has already remained in jail for more than a year, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in Koilwar P.S. Case No. 144 of 2016. (Prabhat Kumar Jha, J) BKS/- U T