Pradeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5150 of 2023 Arising Out of PS. Case No.-680 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Pradeep Sah Son Of Purushottam Sah Resident Of Mohalla - Mauna Daldali Bazar Chamartoli, P.S.- Chapra Town, District - Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Tiwary For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 324, 326, 332, 333, 353, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 27 of the Arms Act. It is a case of creating hindrance at the Railway Dala Ramnagar, when informant along with police party reached there accused persons assaulted by means of knife to the informant and others. Two accused persons were fled away by taking advantage of darkness but one of them

Patna High Court CR. MISC. No.5150 of 2023(2) dt.07-04-2023 2/3 apprehended on the spot and confessed name of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Sanjay Kumar. Neither petitioner is arrested on the spot nor any incriminating article has been recovered from his conscious possession. Not a single independent witness has supported the prosecution version. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 21.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chapra Mufffasil P.S. Case No. 680 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.5150 of 2023(2) dt.07-04-2023 3/3 amount each to the satisfaction of learned J.M., Chapra. (Sunil Kumar Panwar, J) Manish/- U T