Sitaram Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34832 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sitaram Das, S/o Naga Das

2. Shyam Das, S/o Sitaram Das, Both R/o Village- Chikani, Ward No. 2, P.S. Haraiya, O.P. - Raxaul, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Vagisha Pragya Vacaknavi, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Raxaul P.S. case no. 17 of 2018 for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. She further submits that out of three accused persons, police after investigation has admitted the case of alibi of the 3rd accused, namely, Krishna Kumar. So far as these two petitioners are concerned, counsel for the petitioners submits that the instant case was registered at the instance of the informant, who claimed that he has learned about the incident from his elder brother, who has seen the occurrence.

Patna High Court Cr.Misc. No.34832 of 2018 (3) dt.23-07-2018 2/2 Unfortunately, neither the alleged eye witness nor the informant was examined during the course of investigation, in the present case. The petitioners are in custody since 26.01.2018 Having regard to the fact that the petitioners have no criminal antecedent and out of three accused, the police has admitted the case of accused no.3 (Krishna Kumar) that his plea of alibi is correct, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul, Motihari in connection with Raxaul P.S. case no. 17 of 2018. (Anil Kumar Upadhyay, J) Uday/- U T