Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25471 of 2024 Arising Out of PS. Case No.-178 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Lal Sah Son of Laxmi Sah Resident of Village Turaha Tola Dhamai Bhaisahi, P.S. Manjhagarh, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Sager Sharma, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 201 and 34 of the IPC .
3. As per the prosecution case , on the alleged date and time of occurrence , all the accused persons including this petitioner called the deceased from the house and thereafter assaulted him, threw acid on his body and committed his murder.
4. Learned counsel for the petitioner submits that informant is not an eye witness to the alleged occurrence and only on the basis of suspicion petitioner has been made accused in this case . As a matter of fact, the deceased has borrowed
Patna High Court CR. MISC. No.25471 of 2024(3) dt.10-07-2024 2/2 20,000/- rupees from this petitioner and only with a view to get rid of the amount, he has been made accused on suspicion . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he along with other co-accused persons took away the brother of the informant and committed his murder. Post Mortem report also shows that the whole body was swollen with foul smell and the whole body was putrefied.
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T