Mithun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21111 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -JAMALPUR RAIL P.S. District- LAKHISARAI ======================================================

1. Mithun Sah Son of Shankar Sah, Resident of Village- Pariya Beside of UCO Bank, P.S.- Bariyarpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner seeks bail in Jamalpur Rail P.S. case No. 39 of 2016 under Section 302 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that he heard sound of firing and found that one boy was lying on the ground at platform No.2 near a tube well.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. During the course of investigation none of the witnesses identified the petitioner and disclosed his name. Save and except confession of the co-accused, that too before the police, there is no material against the petitioner. The petitioner was arrested but he has not been put in

Patna High Court Cr.Misc. No.21111 of 2017 (3) dt.23-06-2017 2/2 T.I. parade.

The learned Additional Public Prosecutor did not dispute the facts.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 Additional Sessions Judge-II, Lakhisarai in S.C. No. 7 of 2017, arising out of Jamalpur Rail P.S. Case No. 39 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T