Munni Lal Sah @ Munilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13079 of 2017 Arising Out of PS.Case No. -73 Year- 2013 Thana -SHIWAPATHI District- MUZAFFARPUR ======================================================

1. Munni Lal Sah @ Munilal Sah, son of late Jaisi Sah, resident of villageRaghi, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 18-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Siwaipatti P.S. Case No.73 of 2013 instituted for the offence under Section(s) 302, 120-B/34 Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

Prayer of the petitioner for bail was earlier refused by this Court.

It has been submitted that the petitioner is aged about 80 years and is in custody since 18.10.2016. There is no specific allegation against him.

It is alleged that this petitioner and other accused along with eight unknown persons stabbed the father of the informant on account of which he died.

Patna High Court Cr.Misc. No.13079 of 2017 (4) dt.18-07-2017 2/2 Case diary has been received. Post Mortem Report is mentioned in para 60 of the case diary, wherein, the doctor has found one incised wound over right side of base of neck 3" x 2" x cavity deep and multiple incised wound on neck. Wound margin was clean cut.

It has been submitted that there is previous enmity between the parties.

Keeping in view the age of the petitioner and the period spent by him in custody, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM 9th, Muzaffarpur, in connection with Siwaipatti P.S. Case No.73 of 2013, subject to the conditions that both the bailors shall be the close relative of the petitioner.

Let the case diary be returned back to the concerned Section.

(Sanjay Priya, J) JA/- U T