Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68738 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Munna Sah Son of Late Kashi Nath Sah, Resident of Village-Budhsi, Police Station-Mohammadpur, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sri Prem Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mohammadpur P.S. Case No. 52 of 2018 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Informant who is the police officer has stated that on an information of dead body being found he went to said place and recovered dead body of a man aged about 37 years from the ditch. It has been alleged by the informant that 3-4 unknown persons killed him by cutting his neck by sharp cutting weapon.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. He is not named in FIR. There is

Patna High Court Cr.Misc. No.68738 of 2018(2) dt.30-11-2018 2/2 no specific allegation against petitioner. He has no criminal antecedent and he is in custody since 17.06.2018. It has been further submitted that similarly placed co-accused has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 51800 of 2018 vide order dated 04.10.2018.

Considering the aforesaid fact 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 Additional Chief Judicial Magistrate-I, Gopalganj in connection with Mohammadpur P.S. Case No. 52 of 2018.

(S. Kumar, J) Rajiv/ManojU T