Uttam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15046 of 2021 Arising Out of PS. Case No.-282 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== UTTAM SAH, Son of Suraj Sah, Resident of Village - Rafipur, P.S.- Hussainganj, Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Adv.

For the Opposite Party/s :

Mr. Mithelesh Kr. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 307, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the informant and his uncle with lathi, danda and iron-rod. The uncle of the informant injured and during treatment he died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15046 of 2021(2) dt.14-07-2021 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. Similarly situated co-accused have been granted bail by different co-ordinate Benches of this Court which is mentioned in para 6 of the bail application. The petitioner is languishing in judicial custody since 01.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Hussainganj P.S. Case No. 282/2018 to the satisfaction of learned Court below where the case is pending/ successor court.

(Anjani Kumar Sharan, J) amitkumar/- U T