Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39321 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ======================================================

1. Arvind Yadav @ Arvind Kumar,

2. Dharmendra Yadav Both are Sons of Late Raghunandan Yadav, R/o Vill.- Manikpur, P.S.- Babarganj, District- Bhagalpur. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== with Criminal Miscellaneous No. 43985 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Munna Sah, Son of Late Mahadeo Sah, Resident of Village- Hasanganj, P.S. Mojahidpur, District- Banka, Bhagalpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

(In Criminal Miscellaneous No. 39321 of 2018) For the Petitioners :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party :

Mr. Jagdhar Prasad, A.P.P.

(In Criminal Miscellaneous No. 43985 of 2018) For the Petitioner :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party :

Smt. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-08-2018 Since both the cases arise from same P.S. as such they are taken up together for consderation.

Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Mojahidpur P.S. Case No. 23 of 2018 registered

Patna High Court Cr.Misc. No.39321 of 2018(3) dt.30-08-2018 2/3 for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Informant is the father of deceased who in his written complaint has stated that on 29.01.2018 at about 12 O'Clock he along with his son had gone to State Bank of India and withdrew Rs. 10,000/- thereafter they returned home on motorcycle and his son gave Rs.5,000/- to him and remaining Rs. 5,000/- was kept by him thereafter his son in the evening at 5:00 P.M. went with motorcycle and did not return. On 30.01.2018 at about 10:30 A.M. his daughter informed that police has recovered dead body of Ramu Yadav from a ditch and send for postmortem on which he reached and identified the dead body of his son and raised suspicion against five named accused including two petitioners that they were pressurizing his son to compromise one case and also threatened that if the matter is not compromised they will kill him.

It has been submitted on behalf of these petitioners that they are innocent and have been falsely implicated in this case on the basis of suspicion only. They don't have any criminal antecedent and they are in custody since 04.06.2018.

Patna High Court Cr.Misc. No.39321 of 2018(3) dt.30-08-2018 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 23 of 2018.

(S. Kumar, J) Rajiv/manoj U T