Shyam Sundar Prasad @ Shyam Sundra vs The State Of Bihar on 23 June, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CR. APP (DB) No.413 of 2009
      SHYAM SUNDAR PRASAD @ SHYAM SUNDRA, SON OF DHANUSDHARI
      PRASAD, RESIDENT OF VILLAGE IBRAHIMPUR, P.S. BIND, DISTRICT-
      NALANDA.
                                                                 .....Appellant.
                                Versus
      THE STATE OF BIHAR                                     .....Opposite Party.
      For the Appellant       : Mr. Shakeel Ahmad Khan, Sr. Advocate.
      For the State           : APP.
                             -----------

03/ 23.06.2011 Heard learned Counsel for the

appellant and learned Counsel for the State on

the I.A. No. 1061 of 2011, whereby the

appellant has renewed his prayer for bail.

Earlier, prayer for bail of the above

named appellant was rejected on 05.05.2009.

It has been submitted that there is

no explanation as to why the dead body was

found only in underwear and this shows that the

deceased was of a questionable character. The

dead body was found in the house of Dak Baba

and no inmate of that house has been examined.

The deceased, himself, was of questionable

character and so there was possibility that he

might have been killed on account of physical

lust.

Allegation and evidence is that the

victim Pappu was chased by the appellant up to

the house of Dak Baba and there he was shot at

fatally. The appellant is sole assailant of the
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deceased. Considering this, presently, we are

not inclined to grant bail to the above named

appellant. Accordingly, his prayer for bail is

again rejected.

However, even after completion of

seven years custody of the appellant, if the

appeal could not be listed for hearing then the

appellant shall be at liberty to renew his

prayer for bail.

(Shyam Kishore Sharma, J.)

kksinha/- (Rajendra Kumar Mishra, J.)