Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6714 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== MADAN SAH Son of Late Saudagar Sah Resident of Village - Kaswa Kadamwa, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2020 The petitioner seeks regular bail in connection with Ghorasahan P.S. Case No. 92 of 2019, registered for offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing though it did not hit anybody and firing made by the other two accused persons hit two persons, who after receiving injuries died on spot. Apart from that petitioner is accused in five other cases. It has been submitted on behalf of the petitioner that the F.I.R. itself shows that firing made by the petitioner did not hit anybody and the real fact is that in the year 2007, uncle of the petitioner has lodged a case against the deceased and due to which, he has falsely been implicated in this case and has been

Patna High Court CR. MISC. No.6714 of 2020(3) dt.28-02-2020 2/2 in custody since 17.10.2019.

Heard learned A.P.P. also.

Having heard both sides, in view of the allegation as well as criminal antecedents of the petitioner, at this stage, I am not inclined to enlarge the petitioner on bail, however, once the charge is framed, petitioner will be at liberty to renew his prayer for bail.

However, since the petitioner has been in custody, learned Trial Court is directed to expedite the Trial. (Vinod Kumar Sinha, J) sunilkumar/- U T