Nagendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56637 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== NAGENDRA SAH Son of LAL BIHARI SAH R/o- Village- Badiha PsAdhaura Dist- Kaimur Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Alka Singh For the Opposite Party/s :
Mr.Ram Priya Sharan Singh Mr.Tribhuwan Narayan, Mukul Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner, State and informant.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302/379/34 of the Indian Penal Code.
3. In the F.I.R., the informant has alleged that on 14.05.2023, his sister informed him that his father namely Lal Bihari Sah and his two step brothers namely Om Prakash Sah and Nagendra Sah (petitioner) have killed his mother and they also cremated dead-body of his mother, even in absence of informant.
4. It is submitted on behalf of petitioner that informant is not eye-witness to the occurrence and only on suspicion,
Patna High Court CR. MISC. No.56637 of 2023(3) dt.04-09-2023 2/2 petitioner has been made accused in this case. Petitioner is step brother of informant. It is further submitted that during course of investigation, co-accused Lal Bihari Sah (father of informant) confessed his guilt and stated that he committed the murder of his wife (informant's mother) by stone and there is no direct or indirect material against this petitioner to show his complicity in the alleged occurrence. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Bhabhua, District Kaimur in connection with Adhaura P.S. Case No. 27 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T