Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54977 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Munna Sah S/o Bhola Sah, R/o Vill.- Mohan Chapra, P.S.- Kathaiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that on 14.10.2017 at about 6.40 P.M. the informant received phone from Reliance company that the discharged guards have killed her husband by fire arms. She went at the place of occurrence with Pramod Prasad, S.H.O., Chakia P.S. at Narhar Pakadi bridge and saw the dead body of her husband lying in the bridge. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.54977 of 2018(2) dt.01-10-2018 2/2 petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Pipra P.S. case No.260 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T