Narain Mistry @ Narayan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41194 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- MASAURHI District- Patna ====================================================== NARAIN MISTRY @ NARAYAN SHARMA, son of Late Jichori Mistry, resident of Village- Parshurampur, P.S.- Khiri More, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mr. Pravin Kumar, Advocate :

Mr. Sheshank Shekhar, Advocate :

Mr. Ritwaj Raman, Advocate For the Opposite Party/s :

Mr. Sri Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Masaurhi P.S. Case No. 54 of 2018 registered for the offence punishable under Sections 302/201/120B/34 of the Indian Penal Code.

Informant is the Chaukidar, who in his written complaint has stated that a dead body of an unknown female aged about 35-40 years was found in the field on 27.01.2018. She was killed by cutting her neck and there were other injuries also found on the body and on such information the FIR was registered against unknown persons.

Patna High Court Cr.Misc. No.41194 of 2018(2) dt.12-07-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case without any basis. Only incriminating material found against the petitioner is confessional statement of one co-accused Raju Kumar, who in his confessional statement has admitted that petitioner of this case is involved. Except confessional statement, there is no other incriminating material against the petitioner. There has been no recovery from the possession of the petitioner. It has been further submitted that he has no criminal antecedent and one similarly situated person has already been granted regular bail by this Court as contained in Annexure-2. Petitioner is in custody since 06.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, in connection with Masaurhi P.S. Case No. 54 of 2018.

(S. Kumar, J) veena/- U T