Hon'ble Justice Aditya Kumar Trivedi granted bail to the petitioner, Lalan Prasad Kushwaha, in a murder case involving a goldsmith, directing him to furnish a bond of Rs.10,000 with two sureties.
Released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15283 of 2014
Arising Out of PS.Case No. -108 Year- 2012 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Lalan Prasad Kushwaha, Son Of Sita Ram Prasad, Resident Of VillageSonoul, P.S. Rajapur, District- East Champaran.
.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar,Adv For the Opposite Party/s : Mr. L.K. Sharma, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
4 08-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State.
Informant, a goldsmith after closing his shop was to proceed to his home over his motorcycle containing ornaments which he was to hand over to his co-villager, Mahmood Mian, as ordered by him, was shot at by unknown miscreants who also took away his motorcycle and ornaments. The informant did not claim identification of the accused persons because they had concealed their faces.
It has been submitted on behalf of the petitioner that at the later part of investigation, the police only to implicate the persons having some sort of criminal antecedents invented a story after examination of some witnesses after four months of occurrence under para-88, 89 and 90 wherefrom names of
Patna High Court Cr.Misc. No.15283 of 2014 (4) dt.08-08-2014
2
petitioner including other co-accused were exposed. It has further been submitted that there is no explanation in the case diary for non examination of those witnesses at an earlier occasion when they claimed to have their houses within the close vicinity of the place of occurrence. It has also been submitted that nothing has been recovered from the possession of petitioner. It has further been submitted that a co-accused, namely, Shyam Nandan Kushwaha standing on similar footing has already been granted bail vide Cr.Misc.No. 8543/2014 by this Court.
On the other hand, learned APP opposed the prayer for bail and submitted that even at belated stage, may be, the petitioner along with other accused including Shyam Nandan Kushwaha have been named by the witnesses under paragraphs88, 89 and 90 of the case diary.
Consequent thereupon, petitioner, Lalan Prasad Kushwaha is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Sikrahana, East Champaran, Motihari in connection with Rajepur P.S. Case No. 108/2012.
(Aditya Kumar Trivedi, J)
perwez
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in connection with Rajepur P.S. Case No. 108/2012.
Lalan Prasad Kushwaha
The State Of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
