Manbodh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33811 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Manbodh Sah Son of Mahanth Sah Resident of Village-Mahachhi Nain, P.S.-Gopalpur, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report but no specific overt act has been attributed against him and informant only claimed that he had seen the petitioner carrying pistol as well as some other persons after the alleged occurrence. In course of investigation one co-accused namely, Diwakar Singh@ Mintu Singh was arrested and confessed his guilt giving details of the alleged occurrence and in the aforesaid statement he had specifically stated that he and Jakir Mian opened fire on the deceased and so far as petitioner is concerned, the aforesaid

Patna High Court Cr.Misc. No.33811 of 2014 (3) dt.16-01-2015 2/2 accused stated that the petitioner was also present at the spot. Furthermore, the above stated co-accused stated that co-accused Girish lal and Suken Sah conspired with the other accused for committing murder of the deceased. Admittedly, co-accused Girish lal and Suken Sah have already been granted privilege of bail by different Benches of this Court and petitioner does not have any criminal antecedent which is evident from perusal of Para-3 of the petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in connection with Gopalpur P.S.Case No. 04 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U