Jairam Sah @ Bhunath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7265 of 2024 Arising Out of PS. Case No.-389 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Jairam Sah @ Bhunath Sah Son of Ramdeo Sah @ Ram Dev Sah R/o vill - Semra Bazar, P.S. - Kalyanpur, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No.389 of 2023 lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner in which there is specific allegation against one coaccused Kamaldev Sah of firing on the stomach of the informant's husband by gun shot due to which he was injured and doctor has declared him dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that as per the allegation made in the F.I.R., there is direct allegation against the co-accused Kamaldev Sah of firing on the stomach of the informant's husband due to which he died.

Patna High Court CR. MISC. No.7265 of 2024(3) dt.09-04-2024 2/2

5. Counsel further submits that there is no role of act or overt-act against the petitioner. He submits that case diary has been called for. In the case diary, it has come in paragraph-3 and 4 that there is no eye witness of this occurrence.

6. Counsel further submits that the petitioner is in custody since 08.11.2023 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Kalyanpur P.S. Case No.389 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T