Patna High CourtCR. MISC./53945/2024bail granted

Manoj Sah v. The State Of Bihar

2024-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53945 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Manoj Sah Son of Kishori Sah Resident of Village - Ashram Madhubani, P.S.- Chiraiya, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This is second anticipatory bail petition on behalf of petitioner in connection with Chiraiya P.S. Case No. 217 of 2022 registered for the offence under Section 304(B)/34 of the Indian Penal Code. Earlier, the petition, filed for grant of anticipatory bail on behalf of petitioner, was dismissed as withdrawn vide order dated 28.08.2023 passed in Cr. Misc. No. 10989 of 2023.

3. Learned counsel for the petitioner, by referring to paragraph-10 of the bail petition, submits that husband of the deceased namely Pramod Sah has already surrendered in the learned Court below on 14.02.2024 and since then, he is in custody. Petitioner is brother-in-law of the deceased and there is

Patna High Court CR. MISC. No.53945 of 2024(2) dt.20-09-2024 2/2 general and omnibus allegation against him. Petitioner claims clean antecedent.

6. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

7. Having considered the fact that husband of the deceased has already surrendered in the Court below and petitioner is brother-in-law of the deceased, against whom there is general & omnibus allegation, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Sikarhana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 217 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T