Birjesh Sah @ Brijesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64952 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== Birjesh Sah @ Brijesh Sah Son of Late Dasai Sah Resident of VillageKathaiya Bishunpura, Ward No. 07, P.S.- Jagdishpur, District- West Champaran (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Narkatiyaganj Rail P.S. Case No. 10 of 2021, registered for the offence under Section 302, 201, 120(B)/34 of the Indian Penal Code. As per the prosecution case, co-accused Binod Sah and other unknown persons committed murder of son of the informant due to the fact that son of the informant had love affairs with the daughter of co-accused Binod Sah. It is submitted that petitioner is not named in the F.I.R. and his name has transpired during course of investigation on the basis of confessional statement of co-accused Vishwanath Sah. During investigation, only material that has come against this petitioner is that the tower location of his mobile was

Patna High Court CR. MISC. No.64952 of 2021(2) dt.24-02-2022 2/2 found near the place of occurrence. Save and except this, there is no tangible evidence against this petitioner to show his involvement in the alleged occurrence. Petitioner has got clean antecedent and he is in custody since 05.07.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned C.J.M., West Champaran, Bettiah in connection with Narkatiyaganj Rail P.S. Case No. 10 of 2021.

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