Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75024 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== 1.

Umesh Sah S/O Thag Sah R/O Village- Vijaypur Belsandi, P.S- Gaunaha, Distt.- West Champaran.

2.

Raushan Sah @ Diwakar Kumar S/O Umesh Sah R/O Village- Vijaypur Belsandi, P.S- Gaunaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

3. The informant suspects that all the F.I.R. named accused persons including these petitioners killed the deceased by strangulation.

4. It is submitted on behalf of petitioners that informant is not an eye-witness to the occurrence and petitioners have been roped in this case merely because they are distant relatives of co-accused Krishna Kumar @ Krishna Jaiswal. Save and except suspicion, no other material has come against petitioners to show their complicity in the alleged occurrence.

Patna High Court CR. MISC. No.75024 of 2023(2) dt.29-11-2023 2/2 Petitioner no. 1 & 2 are father-in-law & brother-in-law respectively of son of co-accused Krishna Jaiswal and their residence is situated at a distance of 65 km. from the house of petitioners. Though, petitioner no. 1 has got two criminal antecedent but petitioner no. 2 has got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the fact that only suspicion has been raised against these petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IInd, Bagaha, West Champarannnn connection with Laukariya P.S. Case No. 27 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T