Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7773 of 2023 Arising Out of PS. Case No.-913 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== ASHOK SAH S/O NAGESHWAR SAH R/v- Amawa Panchayat Siswa Pashchimi, P.S.- Banjariya, District- east Champaran .. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case no. 913 of 2021 registered under sections 307, 354(B), 147, 149, 323, 379, 325, 504, 506, 324 and 447 of the Indian Penal Code.

3. As per the prosecution case, the five named accused persons including the petitioner herein came variously armed, entered into the house of the informant and started to abuse and assault the informant and the members of his family. They were in intoxicated state. They took away cash and valuable articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7773 of 2023(2) dt.29-04-2023 2/2 petitioner has been falsely implicated in this case. The allegations against the petitioner are general and omnibus in nature. There is a delay of two days in lodging of the F.I.R. without any reasonable explanation for the same. Petitioner is in custody since 14.11.2022 and has no criminal criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. being general and omnibus against the petitioner, the petitioner being in custody for more than 5 months since 14.11.2022 and charge sheet having been submitted in the case together with petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Turkauliya P.S. Case no. 913 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran. (Partha Sarthy, J) Prakash/Ayush/ U T