Rajan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67546 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Rajan Sah Son of Uma Shankar Sah@ Uma Shankar Prasad Resident of Village- Bisahi, P.S. Sheohar, District- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Sri Chandra Bhushan Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sheohar P.S. Case No.142 of 2018 registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code.
Informant has alleged in the FIR that on 24.06.2018 he came to know that his grandson Raja Kumar has been killed by someone and on this information he reached the place of occurrence, where his dead body having cut injury on his neck, was seen lying on the road near Sugiya Kabristan. He further stated that Ambikesh Singh had taken his grandson from the house at 1:30 P.M. and thereafter his grandson was seen at Bisahi Chowk with Ambikesh, Kundan and Nikhil. He suspected that all three persons have committed murder of his grandson.
Patna High Court Cr.Misc. No.67546 of 2018(2) dt.27-11-2018 2/2 It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to dirty village politics. Petitioner is not named in the F.I.R and nothing has been recovered from the possession of the petitioner. The name of the petitioner has surfaced on the basis of confessional statement of co-accused Ambikesh Singh. It has been further submitted that similarly placed co-accused, namely, Kundan Kumar has been granted bail by this court in Cr. Misc. No. 58935 of 2018 vide order dated 25.10.2018 and Niraj Kumar has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 54054 of 2018 vide order dated 02.11.2018. Petitioner is in custody since 29.08.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Sheohar P.S. Case No. 142 of 2018.
(S. Kumar, J) Rajiv/Manoj U T