Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45926 of 2017 Arising Out of PS.Case No. -73 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Shankar Das son of Chandradeo Das, resident of Village- Shahabad, P.S. Sultanganj, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No. 654 of 2017 arising out of Sultanganj P.S. Case No. 73 of 2017 registered under Section 302/34 of the Indian Penal Code. Four named accused persons are said to have committed murder of the son of the informant for not making payment of the money taken by him.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. There is no eye witness of the occurrence. There is no material in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement given before the police which

Patna High Court Cr.Misc. No.45926 of 2017 (2) dt.19-09-2017 2/2 has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 08.04.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd A.D.J., Bhagalpur in connection with Sessions Trial No. 654 of 2017 arising out of Sultanganj P.S. Case No. 73 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T