Munna Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46413 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Munna Sah S/o Hira Sah @ Heera Sah R/o vill - Navtoliya (Bhimri), P.S. - Pasraha, Distt. - Khagaria (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pasraha P.S. case No. 307 of 2023, arising out of G.R. No. 3900 of 2023, instituted for the offences under Sections 302, 201, 120B/34 of the Indian Penal Code.
3. It is alleged that the petitioner along with other coaccused persons has committed murder of the brother of the informant by means of sharp cutting weapon and iron rod.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.46413 of 2024(2) dt.28-06-2024 2/3 petitioner is innocent and has falsely been implicated in the present case only on the basis of suspicion. Learned counsel further submitted that informant is not the eye-witness to the alleged occurrence. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that dispute took place between the brother of the informant and co-accused Mithun Sah one week before the occurrence and he is nowhere in picture. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.11.2023 and has no criminal antecedent. The other co-accused has already been granted bail by this Court vide order dated 22.03.2024 passed in Cr. Misc. No. 21535 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no direct allegation, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.46413 of 2024(2) dt.28-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Pasraha P.S. case No. 307 of 2023.
(Rudra Prakash Mishra, J) Arish/- U T