Munnilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54211 of 2019 Arising Out of PS. Case No.-866 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== MUNNILAL SAH Son of Sri Raghuvir Sah Resident of MohallaNaurangabad, Bettiah near Gandhi Lodge, P.S.-Bettiah Town, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 23.12.2017 in connection with Bettiah Town P.S. Case No. 866 of 2017 for the offence registered under Sections 365, 364, 302 201, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner had been rejected but subsequently, in view of the fact that another similarly situated co-accused persons has been extended the privilege of bail, he has renewed his prayer for grant of bail. It is further submitted that name of the petitioner had transpired on the basis of the confessional statement made before the police by the co-accused

Patna High Court CR. MISC. No.54211 of 2019(2) dt.08-01-2020 2/3 which has no evidentiary value. It is further submitted that one Avinash Kumar @ Avinash Kumar Yadav who was also similarly named in the confessional statement has since been extended the privilege of bail vide order dated 20.06.2019 passed in Cr. Misc. No. 30735 of 2019.

Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, 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 Judicial Magistrate 1st West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 866 of 2017, subject to the following conditions :-

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

4. The petitioner shall co-operate with the

Patna High Court CR. MISC. No.54211 of 2019(2) dt.08-01-2020 3/3 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T