Patna High CourtCR. MISC./74454/2019bail granted

Sheshnath Prasad v. The State Of Bihar

2020-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74454 of 2019 Arising Out of PS. Case No.-477 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== SHESHNATH PRASAD S/o Late Budhan Bhagat R/o Village- Awraiya Barai Tola, P.S.- Bettiah Muffasil, Banuchhapar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case in brief is that the accused persons committed murder of the informant's son and without informant, cremation of dead body was tried to be performed. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-08-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence nor there is any substantive evidence to

Patna High Court CR. MISC. No.74454 of 2019(3) dt.05-03-2020 2/2 suggest the implication of the petitioner in the present case. Merely on the basis of suspicion, the petitioner has been named in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Muffasil (Banuchhapar) P.S. Case No. 477 of 2019.

(Sudhir Singh, J) A.K.V.//- U T