Satyendra Mushar @ Satendar Mushar @ Satyendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68904 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- DHANGAI District- Bhojpur ====================================================== SATYENDRA MUSHAR @ SATENDAR MUSHAR @ SATYENDRA RAM, Son of Ram Dinesh Mushar, Resident of Village- Baligaow, P.S.- Ayer, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Dhangai P.S. Case No.20 of 2018 registered for the offence punishable under Section 302 of the Indian Penal Code.

Informant is a Chowkidar, who in his written statement has alleged that while he was on patrolling duty, he saw a person lying on the earth and when he went near the deceased he saw cut marks on his throat and blood was also there. It appears that the deceased was brought near the place of occurrence by a vehicle and, thereafter he was killed by a sharp weapon.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. and he has been falsely

Patna High Court Cr.Misc. No.68904 of 2018(2) dt.04-12-2018 2/2 implicated in this case. His name has come in course of investigation only on suspicion. Widow of deceased changed her version one after another. It is further contended that similarly placed co-accused persons have already been granted bail vide Annexure 2. Petitioner has no criminal antecedent and is in custody since 26.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Dhangai P.S. Case No.20/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T