Siya Sharan Sah @ Siyacharan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6514 of 2022 Arising Out of PS. Case No.-347 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== Siya Sharan Sah @ Siyacharan Sah Son of Late Parmeshwari Sah Resident of Village - Bhaddi Ward No.16, P.s.- Saur Bazar, (O.P.- Patarghat), Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Informant : Ms. Kanchan Jha Mr. Madha Jha For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Saur Bazar (Patarghat OP) P.S. Case No. 347 of 2021, registered for the offence punishable under Sections 307 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added.
As per the prosecution case, this petitioner along with other FIR named accused persons brutally assaulted the son of informant, as a result of which he died.
It is submitted on behalf of the petitioner that there is general and omnibus allegation of assault. Moreover, the occurrence took place on 02.07.2021, but the FIR was lodged on
Patna High Court CR. MISC. No.6514 of 2022(3) dt.19-05-2022 2/2 15.07.2021 there is delay of 12 days for which no plausible explanation has been given. Petitioner is in custody since 21.07.2021 having no criminal antecedent.
Counsel for informant however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of assault against this petitioner and three FIR named accused persons, as a result of which the son of informant sustained multiple injuries causing his death and this fact is also supported by the postmortem report.
Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T