Tinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53541 of 2018 Arising Out of PS. Case No.-144 Year-2016 Thana- MASHRAK District- Saran ====================================================== Tinku Sah, S/o Basant Sah, R/o Vill.- Dumarsan, P.S.- Masrakh, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Singh For the Opposite Party/s :

Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

According to F.I.R., the brother of the informant had gone along with the F.I.R. named accused including, the petitioner to see the Ram Vivah programme. Subsequently, dead body of the brother of the informant was found. Submission is that in fact after watching Ram Vivah programme, Bharat Sah, the brother of the petitioner and deceased were returning on a motorcycle. The motorcycle met with an accident. Bharat Sah sustained injury and brother of the informant died, for which Bharat Sah had lodged Masrakh Police

Patna High Court Cr.Misc. No.53541 of 2018(4) dt.02-11-2018 2/2 Station Case No.92 of 2016. However, just to pressurize, the informant initially filed a complaint case after nine days of the occurrence and there is no witness of the occurrence of murder of the brother of the informant.

Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Masrakh Police Station Case No.144 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T