Laxmi Narayan Prasad @ Laxmi Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15231 of 2016 Arising Out of PS.Case No. -260 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== LAXMI NARAYAN PRASAD @ LAXMI NARAYAN SAH, S/o Late Chhathu Bhagat .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302/34 of the Indian Penal Code and Section-27 of the Arms Act.

Petitioner is named in the first information report but according to prosecution case itself, he had not taken active part in committing the murder of the informant's husband and it is alleged in the first information report that earlier, petitioner had killed his wife, for which, the informant's husband had lodged a criminal case and the petitioner as well as his associates were giving threatening to the informant's husband for withdrawal of the aforesaid criminal case. The impugned order shows that in

Patna High Court Cr.Misc. No.15231 of 2016 (2) dt.18-04-2016 2/2 course of investigation, FIR named accused confessed their guilt and disclosed that the petitioner had asked them to commit murder of the deceased.

Contention on behalf of the petitioner is that petitioner has been implicated in this case due to previous enmity and as a matter of fact, the deceased was killed by some unknown persons but the informant lodged this case, implicating the petitioner. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Madhuban P.S. Case No. 260 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Motihari, East Champaran.

(Hemant Kumar Srivastava, J) A.K.V./- U T