Ajay Sah Alias Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.668 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- HARLAKHI District- Madhubani ====================================================== Ajay Sah Alias Ajay Kumar Sah son of Bhagat Sah, Resident of Harine, Police Station-Harlakhi, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 302 and 120B/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 06.06.2021 at about 5:00 AM, the informant got an information from villagers that dead-body of her husband namely Santosh Kumar Sah is lying in the verandah of Bhagat Sah, whereafter, she alongwith her devar and others went there and saw the dead-body of her husband. The informant suspects that this petitioner alongwith other F.I.R. named persons conspired and killed her husband. It is submitted on behalf of petitioner that bare perusal of F.I.R. goes to show that informant is not eye-witness of the occurrence and only on suspicion, petitioner and others have been made accused. During course of investigation also, no

Patna High Court CR. MISC. No.668 of 2022(3) dt.25-04-2022 2/2 material has been collected to show complicity of the petitioner in the aforesaid crime. Petitioner claims clean antecedent and he is in custody since 07.06.2021. Investigation is complete. 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 Additional Chief Judicial Magistrate - II, Benipatti, Madhubani in connection with Harlakhi P.S. Case No. 145 of 2021.

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