Bilash Pal And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28382 of 2018 (2) dt.07-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28382 of 2018 Arising Out of PS.Case No. -879 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Bilash Pal, son of Late Hanuman Pal

2. Suryanath Pal @ Gudan Pal @ Surajnath Pal, son of Bilash Pal, both resident of Village Medanipu, PS Sasaram (M), District Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-05-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody since 19.3.2018, seek bail in Sasaram (M) PS Case No. 879 of 2017 registered under Sections 302, 34 of the IPC and Section 27 of the Arms Act. The allegation in brief is that at 3.30 AM in the morning the informant woke up and saw the accused persons in the direction where his uncle was sleeping in the field and killed by shooting.

Learned Counsel for the petitioners submits that the occurrence is of the night, only one fire arm injury was found on the person of the deceased whereas the allegation is that all shot at him, however two of the similarly situated co-accused were admitted to bail by a coordinate Bench of this Court in Cr. Misc. No. 6422 of 2018 and the petitioners have no criminal antecedent. Having considered the said facts and circumstances, the petitioners, namely, Bilash Pal and Suryanath Pal @ Gudan Pal @ Surajnath Pal are 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 CJM Rohtas at Sasaram in connection with Sasaram (M) PS Case No. 879 of 2017.