Patna High CourtCR. MISC./26131/2018bail granted

Shashidhar Sah v. The State Of Bihar

2018-05-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26131 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -TARAPUR District- MUNGER ====================================================== Shashidhar Sah S/o Late Girdhari Sah, R/o Vihma, P.S.- Tarapur, DistrictMunger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Tarapur P.S. Case No. 14 of 2018 registered under Sections 302 and 120B/34 of the Indian Penal Code.

Petitioner along with six other accused persons named in the F.I.R. are said to have committed murder of the son of the informant over row of fishing and the petitioner and other accused persons had extended threatening to the deceased preceding to the occurrence.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case merely on suspicion. He

Patna High Court Cr.Misc. No.26131 of 2018 (3) dt.23-05-2018 2/2 never extended any threatening to the informant and the deceased. There is no eye witness of the occurrence. No one had seen the petitioner with the deceased preceding to the occurrence. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent. The petitioner has been languishing in custody since 18.01.2018. Co-accused, namely, Bhairo Chaudhary and Rajan Chaudhary have been enlarged on bail by a co-ordinate bench of this court vide order dated 11.04.2018 passed in Cr. Misc. No. 19830 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Munger in connection with Tarapur P.S. Case No. 14 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T