Bhutali @ Shiv Bhajan v. The State Of Bihar

Patna High Court Cr.Misc. No.308 of 2018 (3) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.308 of 2018 Arising Out of PS.Case No. -89 Year- 2017 Thana -MANER District- PATNA ====================================================== Bhutali @ Shiv Bhajan S/o Baijnath Chauhan R/O Basant Chak, P.S.- Phulwari Sharif, District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Maner PS Case No. 89 of 2017 registered under Sections 302/34 of the IPC and Section 27 of the Arms Act.

The allegation in brief is that the informant's father was shot dead by one Dara Singh @ Prabhu Singh hitting in his head, second shot was by Hioril @ Nagendra Rai and the third by Pintu Kumar causing injury to Lal Pari Devi, employed as Nurse in the hospital of the informant.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, later on some of the witnesses have said the name of the petitioner that he was also with the accused persons who opened firing, however the police has submitted charge-sheet. Having considered the said facts and circumstances, the petitioner, namely, Bhutali @ Shiv Bhajan is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM VI Danapur, Patna in connection with Maner PS Case No. 89 of 2017. Snkumar/- (Arun Kumar, J.) U T