Binod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27035 of 2018 Arising Out of PS. Case No.-166 Year-2017 Thana- Manihari District- Muzaffarpur ====================================================== Binod Sah, son of Yadunath Sah, resident of Village- Chak Mehasi, P.S.- Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Nand Kishore Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Maniyari P.S. Case No. 166 of 2017 registered for offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail. Learned counsel for the petitioner, at the very outset, submits that in the F.I.R. itself, the informant has stated that his deceased brother in injured condition had disclosed the name of three accused persons and among three accused persons, he alleged that one Pankaj had fired on him. Learned counsel for the petitioner has further drawn my attention to Annexure - 2 to the petition to show that one of the F.I.R. named accused

Patna High Court Cr.Misc. No.27035 of 2018(2) dt.04-05-2018 2/2 namely Ramchandra Rai has already been granted bail on 21-12-2017, vide Cr. Misc. No. 60440 of 2017. According to learned counsel for the petitioner, none had seen the occurrence and only the deceased, in injured condition, had disclosed the name of three accused persons. He further submits that due to old animosity, petitioner has falsely been implicated in the present case.

Be that as it may, considering the fact that one of the F.I.R. named accused has already been granted bail, there is no reason to refuse the same prayer of the petitioner. Accordingly, let the petitioner namely Binod Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sr. Nayan Kumar, learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 166 of 2017.

(Rakesh Kumar, J.) anay U T