Nand Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85527 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== NAND KISHOR SAH S/o Shankar Sah R/o village- Tilyari, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 Heard the parties.

The petitioner seeks regular bail in connection with Bhawanipur P.S.case No.87 of 2019 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, petitioner took away the wife of the informant and that has been seen by two sons of the informant and later on her dead body was found in the field. Submission of the learned counsel for the petitioner is that the informant is not eye witness , which appears from the FIR itself and he relied on the information given by his two sons but the police has not recorded the statement of those two sons of the informant. Petitioner is in custody since 6.6.2019

Patna High Court CR. MISC. No.85527 of 2019(3) dt.28-02-2020 2/2 and ready to co-operate in the disposal of the trial. Heard learned A.P.P. and the learned counsel for the O.P.no.2, who has opposed the prayer for bail on the ground that he has been named in the FIR and further ground is that the trial is in progress.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Purnea in connection with Bhawanipur P.S.case No87 of 2019. With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T