Dhaneshwar Sah @ Murliganjwala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19992 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- MIRGANJ District- Purnia ====================================================== Dhaneshwar Sah @ Murliganjwala Son of - Late Sukhai Sah Resident of Village - Khagha, P.S. - Mirganj, District - Purnea, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Preety Kunwar, Adv.
For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 125 of 2021 lodged under Sections 302 and 34 of the I.P.C Learned counsel for the petitioner submits that the petitioner is in custody since 03.02.2022, he submits that the informant has filed this case on the basis of suspicion. There is a general and omnibus allegation against 5 named accused persons including the present petitioner. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean. On the query of the Court that whether charge has been
Patna High Court CR. MISC. No.19992 of 2022(3) dt.05-09-2022 2/2 framed or not . Learned counsel for the petitioner submits that he is presently not in a position to inform to this Court. Learned counsel for the State opposes the prayer for bail, but on the other hand submits that the case has been filed on suspicion and there is no eye witness of the said occurrence in the entire case diary.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but he may renew his prayer for bail after framing of charge. Upon move before the trial court for bail after framing of charge, the trial court shall release the petitioner on his own conditions.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J) sadique/- U T