Santosh Kumar Sah @ Santosh Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.46136 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46136 of 2017 Arising Out of PS.Case No. -39 Year- 2008 Thana -BARHARA District- PURNIA ====================================================== Santosh Kumar Sah @ Santosh Sah, Son of Sri Daya Ram Sah, Resident of Village- Gauripur, Singheshwar, P.S.- Singheshwar, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Barhara P.S. Case No. 39 of 2008 registered under Sections 302, 201/34 and 396 of the Indian Penal Code.

Dead body of one unknown person was found in the maize field by the Dafadar.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. He has no concern with the aforesaid occurrence. His name has surfaced in the case during the course of investigation only on the basis of confessional statement of the co-accused Dilip Mandal and Pankaj Kumar Srivastava which has no evidentiary value in the eye of law and

Patna High Court Cr.Misc. No.46136 of 2017 (2) dt.20-09-2017 the said Pankaj Kumar Srivastava has been enlarged on bail by a co-ordinate bench of this Court in Cr. Misc. No. 4811 of 2009 vide order dated 21.04.2009. The petitioner has been languishing in custody since 19.04.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned S.D.J.M., Purnea in connection with Barhara P.S. Case No. 39 of 2008. (Prakash Chandra Jaiswal, J) Mishra/- U T