Jitendra Kumar Sah @ Dhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9142 of 2023 Arising Out of PS. Case No.-592 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== 1.

Jitendra Kumar Sah @ Dhari Son Of Lalit Saw @ Lalit Sah @ Lalit Sao Resident Of Santoshi Maa Mandir Gali, Khada Kuan, P.S.- Alamganj, District- Patna 2.

Vicky Kumar @ Totrahwa @ Viccy Saw @ Bikki @ Totranwa @ Vicky Son Of Jay Prakash Saw @ Jay Prakash Sao Resident Of Village- Lakhna, P.S.- Gaurichak, District- Patna, At Present Resident Of Santoshi Maa Mandir Gali, Khada Kuan, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, in the night of Janmashtami husband of the informant was threatened by these petitioners along with co-accused persons. It is further alleged that on 04.09.2021 this petitioner along with other

Patna High Court CR. MISC. No.9142 of 2023(2) dt.17-04-2023 2/3 accused persons fired at her husband due to which he died. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Informant is not an eye witness of the alleged occurrence and not a single witness supported the prosecution version. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 25.07.2022 passed in Cr. Misc No. 2204 of 2022. They have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 30.11.2022.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Alamganj P.S. Case No. 592 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.9142 of 2023(2) dt.17-04-2023 3/3 amount each to the satisfaction of learned A.C.J.M.-IV, Patna City, District Patna.

(Sunil Kumar Panwar, J) Manish/- U T