Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54039 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -KATEYA District- GOPALGANJ ====================================================== Munna Sah S/o Manager Sah R/o Vill- Jamunaha, P.S. Kateya, DistrictGopalganj. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kateya P.S. Case No. 82 of 2017 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, uncle of the informant is said to have been murdered by some unknown miscreants on way to his house by resorting firing waylaying him. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, namely, Appu Singh @ Sanjive Singh. There is no eye witness of the occurrence. The petitioner has been languishing in custody since 18.05.2017.

Patna High Court Cr.Misc. No.54039 of 2017 (02) dt.14-11-2017 - 2 - 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 Additional Sessions Judge-VIII, Gopalganj in connection with Sessions Trial No.450 of 2017, arising out of Katey P.S. Case No.82 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T