Dhupnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74373 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Dhupnath Sah Son of late Lallan Sah, Resident of Mohalla- Gudri Bazar, Thakkar More, Daulatganj, P.S.-Bhagwan Bazar, District-Saran at Chapra. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Binod Singh For the Respondent/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 265 of 2018 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

In the written report, it is alleged that brother of the informant was taken by this petitioner and other four accused persons named in the written report. It is further alleged that informant got information in the morning that the dead body of his brother has been thrown towards south of house of Kayamuddin Miyan. Deceased was having injury with knife on his neck, face, shoulder, etc.

Learned counsel for the petitioner submits that police has enclosed the confessional statement of one Mithlesh Thakur

Patna High Court Cr.Misc. No.74373 of 2018(4) dt.15-01-2019 2/2 @ Chato Thakur along with FIR itself, wherein, he has stated before the police about committing the aforesaid occurrence and the police also recovered knife used in the occurrence on the basis of his confessional statement.

In the written report of Mithlesh Thakur @ Chato Thakur there is no any specific role attributed against this petitioner.

From the written report itself, it appears that informant is not an eye-witness of the occurrence. The allegation against this petitioner utmost is of having taken the brother of the informant with other accused persons. Petitioner is in custody since 25.06.2018.

Considering the aforesaid, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 265 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T