High Court Patna High Court - Orders

Pawan Kumar Sah vs State Of Bihar on 2 December, 2010

Patna High Court – Orders
Pawan Kumar Sah vs State Of Bihar on 2 December, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.28066 of 2010
                                    PAWAN KUMAR SAH
                                             Versus
                                      STATE OF BIHAR
                                            ----------

03/ 02.12.2010 Heard learned counsel for the petitioner as well as learned

P.P. for the State.

Petitioner is accused in connection with Manigachhi P.S.

Case no.48/2010 registered under sections 302, 201 of the IPC.

Petitioner is not named in the FIR and during the course of

investigation when dead body was identified, family members of the

deceased stated that deceased left his house in the company of this

petitioner on the alleged date of occurrence. The statement of the wife

of deceased was recorded in which she stated a different story and she

stated that deceased left his house alone for going to Patna and not in

the company of petitioner. Admittedly, the entire case hinges upon

circumstantial evidence and it appears that chain of circumstance is

missing in this case.

Accordingly, petitioner (Pawan Kumar Sah) is directed to

be released on bail in connection with Manigachhi P.S. Case no. 48 of

2010 on furnishing bail bond of Rs 10,000-/ with two sureties of the

like amount each to the satisfaction of the Chief Judicial Magistrate,

Darbhanga at Lahariasarai.

      shahid                                               (Hemant Kumar Srivastava,J)