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Patna High Court - Orders

Bittu @ Kari Sah @ Bittu Sah vs The State Of Bihar on 26 April, 2019

Author: Sudhir Singh

Bench: Sudhir Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.8477 of 2019
                   Arising Out of PS. Case No.-876 Year-2018 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 BITTU @ KARI SAH @ BITTU SAH, aged about 21 years (M), Son of-
                 Rajo Sah, Resident of village-Chakla (Sukhasan), Ward No.11, P.S. &
                 District-Madhepura.

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Sharda Nand Mishra, Advocate.
                 For the Opposite Party :        Mr.Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

3   26-04-2019

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 09.11.2018 in a case for the offence registered under Sections 363, 365, 120(B)/34 of the IPC. Later on, Sections 302 and 201 of the IPC were also added.

The prosecution story, in brief, is that the F.I.R. named accused persons committed murder of the deceased Navin Yadav husband of the informant after kidnapping him.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the Patna High Court CR. MISC. No.8477 of 2019(3) dt.26-04-2019 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. There is no eye witness to the alleged occurrence. Except for this, there is no other material against the petitioner in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Madhepura, in connection with Madhepura P.S. Case No. 876 of 2018.

(Sudhir Singh, J) U.K./-

U        T