IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11557 of 2011
SUNIL KUMAR MAHAJAN, S/O-VISHWANATH PRASAD
Versus
THE STATE OF BIHAR
03 12.07.2011
Heard learned counsel for the petitioner as well as learned
Additional Public Prosecutor for the State.
Although, petitioner is named in the First Information
Report but only on the ground that prior to the alleged occurrence,
scuffle had taken place between the deceased and co-accused Vivek
Kumar as well as Vivanshu and so far as petitioner is concerned, it is
stated that he was also present there at the time of above stated scuffle.
Learned counsel for the petitioner submits that in course
of investigation, none has claimed to have seen the petitioner
committing the alleged crime nor any witnesses have stated the name of
the petitioner in course of investigation.
Learned Additional Public Prosecutor refers Para-13 of
the case diary but it appears that only a suspicion has been raised against
the petitioner in the aforesaid paragraph.
Considering the aforesaid facts and circumstances as well
as submissions of the parties, let the petitioner 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 Additional Chief Judicial
Magistrate , Danapur (Patna) in connection with Danapur P.S. Case No.
260 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)