Sharad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79945 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- BIKRAM District- Patna ====================================================== SHARAD KUMAR Son of Late Rambhawan Singh Resident of Village - Datiyana, P.S.- Bikram, District - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2020 Heard the parties.
This application is for grant of regular bail in connection with Bikram P.S.Case no.103 fo 2018 for the offences under Section 302 of the Indian Penal Code. As per the prosecution case, father of the informant had gone to the pond for agriculture work, he did not return and later on his dead body was found lying there. FIR was lodged against the unknown and later on the name of the petitioner transpired on the suspicion that there was land dispute between the parties.
Submission of the learned counsel for the petitioner is that except the suspicion there is nothing against him. He is in custody for more than 2 1⁄2 months. Heard learned A.P.P. and the learned counsel for
Patna High Court CR. MISC. No.79945 of 2019(3) dt.13-01-2020 2/2 the informant, who has opposed the prayer for bail stating in para 128 of the supplementary case diary . It has come that the petitioner was seen on the place where the dead body was found by the witnesses..
Having heard both sides and in view of the facts and circumstances, as stated above, considering the submissions as made above, I am not inclined to grant bail to the petitioner at this stage, however, once the charge is framed against the petitioner, he is at liberty to renew his prayer for bail. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T