Santosh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.38671 of 2015 (3) dt.12-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38671 of 2015 Arising Out of PS.Case No. -380 Year- 2014 Thana -TEGHRA District- BEGUSARAI ====================================================== Santosh Sah son of late Shiv Shankar Sah, Resident of village- Teghra Bazar, P.S- Teghra, Dist- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Naresh Dass For the Opposite Party : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 28.04.2015 in a case instituted under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, it is a case of murder of informant's sister, namely, Dharmshila Kumari by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.04.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner is not named in the FIR. The only material against the petitioner is the confession of a coaccused. Except for that, there is no other circumstantial evidence

Patna High Court Cr.Misc. No.38671 of 2015 (3) dt.12-10-2015 to suggest his implication in the present case. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Teghra P.S.Case No.380 of 2014. (Sudhir Singh, J) B.Kr./- U