Chhotu Mushar @ Chhanu @ Chhamu Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20655 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== CHHOTU MUSHAR @ CHHANU @ CHHAMU MUSAHAR Son of Late Baleshwar Mahto Resident of Village - Bampali, P.S.- Udwantnagar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the co-villagers of the informant namely, Mohan Mushar and Lalbansi Mushar are stated to have informed the informant about the death of his younger brother whose dead body was lying in the Mushar Toli. It is stated that it appeared that the brother of the informant had been strangulated to death.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. His name transpired in course of investigation when the police informer gave

Patna High Court CR. MISC. No.20655 of 2021(3) dt.15-11-2021 2/2 information to the effect of Lalbansi Mushar being involved in the crime. It is submitted that the said Lalbansi Mushar in his confession made before the police named the petitioner herein. There is no other material except the confession of the coaccused made before the police. The petitioner has no criminal antecedent and is in custody since 10.2.2020. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for 1 year 9 months, the Court directs the petitioner to be enlarged on bail in connection with Udwant nagar P.S. Case no. 54 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara/ concerned Court.

(Partha Sarthy, J) Bibhash/- U