Patna High CourtCR. MISC./49172/2016bail granted

Nage @ Nageshwar Sah v. The State Of Bihar

2016-12-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49172 of 2016 Arising Out of PS.Case No. -112 Year- 2012 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Nage @ Nageshwar Sah, son of Late Bulbul Sah, Resident of VillageMohanpur, P.S. Shambhuganj, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 20.09.2016 in connection with Shambhuganj P.S. Case No. 112 of 2012, (Corresponding to G.R. No. 141/212), registered for offences punishable under Section 304(B)/34 of the Indian Penal Code. Allegation against the petitioner, who is Devar of the deceased has been made under Section 304(B) of the Indian Penal Code.

Learned counsel for the petitioner submitted that general and omnibus allegation has been leveled against the petitioner, who is Devar of the deceased. Learned counsel for the petitioner further submitted that the petitioner has been falsely implicated in

Patna High Court Cr.Misc. No.49172 of 2016 (2) dt.13-12-2016 2/2 the present case and he is languishing in judicial custody since 20.09.2016 and similarly situated persons have been granted the privilege of bail by this Court vide order, dated 06.10.2016, passed in Criminal Miscellaneous No. 41746 of 2016.

Having heard both the parties and in view of the fact that the petitioner is in judicial custody since 20.09.2016 and also the fact that similarly situated persons have been granted the privilege of bail by this Court vide order, dated 06.10.2016, passed in Criminal Miscellaneous No. 41746 of 2016, let the petitioner above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 112 of 2012, Corresponding to G.R. No. 1441/12.

(Vinod Kumar Sinha, J) sunil/- U