Mintu Pal @ Pintu Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53354 of 2018 Arising Out of PS.Case No. -373 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Mintu Pal @ Pintu Pal, S/o Satya Narayan Pal, R/o village- Kapraul, Chainpura, P.S.- Riga, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP For the Informant : Mr. Rajesh Mohan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Sitamarhi P.S. Case No.373 of 2018 instituted for the offence under Section(s) 302, 120-B/34 Indian Penal Code.

It is alleged in the written report that dead bodies of two person were found in the house. The police went to the house on hearing news and found dead body of husband and wife lying in the room. It appeared that they were done to death by strangulation. All the articles were found scattered and rooms were found opened.

Counsel for the petitioner submits that petitioner was driver of the deceased. There is no material against him in the entire case diary. He is not named in the First Information Report. Police has arrested this petitioner on suspicion and

Patna High Court Cr.Misc. No.53354 of 2018 (3) dt.25-10-2018 2/2 recorded his confessional statement.

Case diary has been received.

Learned APP has pointed out confessional statement of the petitioner, which is mentioned in para 30 of the case diary from which it appears that this petitioner has given, in detail, about the manner in which murder has been committed. He has levelled specific allegation against Rajesh Paswan and Kanhai Thakur, who had gone inside the house along with three unknown persons and committed murder.

As such, beside suspicion, there is no allegation of any specific overt act against the petitioner. Petitioner is in custody since 10.04.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No.373 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T