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1977 Supreme(Pat) 107

P.S.SAHAY, R.P.SINHA
Shankar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. Hari Narain Singh.
For the Opposite party: Mr. Ganesh Prasad Jaiswal.

JUDGMENT

P. S. Sahay, J.

This application under Articles 226 and 227 of the Constitution of India is for the issuance of a writ or direction for the release of the petitioner from illegal detention.

2. The short facts for the purpose of this application are as follows. A first information report was lodged by Nirmal Singh, Conductor of bus No. 3327, alleging that he was coming on his bus, and at a place known as Agam Kuan there was trouble in the engine which was being repaired. The bus again started for its journey. Two persons, namely, Shankar Singh, the petitioner, and Ram Ajodha Singh, did not pay the fare: and when they started getting down from the bus at the place known as Gourichak, Ram Ayodhya Singh pulled down the driver and the petitioner inflicted a Chhura blow on his neck, due to which he succumbed to the injuries. A case was instituted and investigation was taken up by the police. It seems that the petitioner was absconder for a long time. He actually surrendered on 17.4.76. He applied for bail before the Chief Judicial Magistrate, Pdtna, on 17,4.76, which was rejected and it was also rejected by the Sessions Judge, Patna. This application has been filed for the grant of








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