Patna High CourtCR. MISC./43146/2021bail rejected

Mukesh Sah v. The State Of Bihar

2022-03-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43146 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Mukesh Sah Son Of Kishori Sah Resident Of Village- Vidhyawashani, Police Station- Mahuawa, District- East Champaran, Motihari ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner, the State and perused the case diary.

Petitioner seeks regular bail in registered for the offences punishable under sections 302, 201/34 of the Indian Penal Code.

FIR is against the petitioner and his brother for committing murder of their mother.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case at the instance of local Chaukidar. No substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. In fact, victim was suffering from depression and schizophrenia and she

Patna High Court CR. MISC. No.43146 of 2021(3) dt.07-03-2022 2/2 committed suicide. Police after investigation submitted charge sheet for the offence under sections 306, 201/34 of the IPC. Petitioner is in custody since 18.2.2021.

Learned counsel appearing for the State opposes the prayer for bail. He submits that there is allegation that due to land dispute, petitioner and his brother Umesh Sah committed murder of their mother. Broken piece of bangles, two pieces of ear-tops, clothes used as rope were found on the place of recovery of the dead body. Even, after post mortem, when police reached the house of the petitioners to hand over the dead body, they were absconding.

Considering the gravity of offence and conduct of the petitioner, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T