Sonu Sah @ Govinda Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54480 of 2018 Arising Out of PS. Case No.-65 Year-2015 Thana- KHARHAGPUR District- Munger ====================================================== Sonu Sah @ Govinda Sah S/o Anil Sah, R/o Vill.- Bahadurpur, P.S.- Bariarpur , Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Opposite Party/s :

Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in G.R. No. 492 of 2015 arising out of Kharagpur P.S. Case No. 65 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is father of deceased who in his written complaint has stated that on 14.03.2015 at about 1:00 pm his son who was handicapped went on his motorcycle with his friend Mithun Kumar and thereafter did not return in the night and in the morning dead body of both were found. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is not named in the FIR. It has been further submitted on behalf of the petitioner that the name of the petitioner has surfaced in

Patna High Court Cr.Misc. No.54480 of 2018(4) dt.05-12-2018 2/3 this case on the basis of his own confession recorded in another case before the police. Except his own confessional statement there is no incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner is accused in two others case as stated in para-3 of the petition and all subsequent cases have been registered after implication of petitioner in this case. Petitioner is in custody since 03.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger, in connection with G.R. No. 492 of 2015 arising out of Kharagpur P.S. Case No. 65 of 2015, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.54480 of 2018(4) dt.05-12-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U