Prabhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9916 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prabhu Sah S/o. late Ram Prasad Sah, R/o. village- Sikandarpur, P.S. Sangrampur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Sangrampur P.S. Case No.171 of 2017, a case under Section 302 of the Indian Penal Code.

According to FIR, brother of co-accused had met with an accident on motorcycle, which was alleged to be caused by the brother of the informant. For that reason the accused persons bitterly assaulted to the brother of the informant and during course of treatment he died.

Submission of the learned counsel for the petitioner is that the petitioner has got no criminal antecedent. The allegation is general and omnibus. The act of the petitioner and other co-accused cannot attract a case of commission of

Patna High Court Cr.Misc. No.9916 of 2018 (2) dt.20-02-2018 P2/ intentional death.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T