Lachhan Deo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78453 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Lachhan Deo Sah Son of Bishwanath Sah Resident of Village-Kabirpur,P.S. Mohammadpur,Distt.-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Chandra Verma For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This is an application for grant of anticipatory bail in connection with Mohammadpur P.S. Case No. 52 of 2018, disclosing offences under Sections 302, 201, 34 of the Indian Penal Code.

Allegation as per F.I.R. is that a dead-body of young man aged about 35-37 years was lying in the ditch situated by the side of road going through Sidhwalia- Mangolpur and it is alleged that some unknown criminals have committed the murder and F.I.R. has been lodged against some unknown persons. Later on, during course of investigation the name of the petitioner transpired on basis of confessional statement of one Bipin Sah.

Submission of learned counsel for the petitioner is that the brother of the petitioner Raju Sah had earlier filed a case

Patna High Court Cr.Misc. No.78453 of 2018(2) dt.09-01-2019 2/2 against Bipin Sah in Mohammadpur P.S. Case No. 60 of 2018 and therefore the petitioner falsely been implicated in this case due to that case. Further, except the confessional statement there is absolutely nothing against the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Gopalganj, in connection with Mohammadpur P.S. Case No. 52 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T