Manoj Sah @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26614 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Manoj Sah @ Manoj Kumar S/O Kunkun Sah R/O Village- Tintanga Karari, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar Choudhary For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. It is alleged that younger son of the informant has been killed by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. There is no specific accusation against the petitioner. The wife of the victim Beena Devi in her

Patna High Court CR. MISC. No.26614 of 2022(3) dt.22-11-2022 2/3 confessional statement has stated that she and her husband, victim had a small altercation, as a result of which, the victim consumed poison and died. During course of investigation, the witnesses have also supported the confessional statement of Beena Devi and stated that the deceased committed suicide due to altercation with his wife. Moreover, there is no eye witness to the occurrence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that petitioner is named in the F.I.R.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.26614 of 2022(3) dt.22-11-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 288 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T