Imirti Sah @ Amrit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48282 of 2015 Arising Out of PS.Case No. -349 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Imirti Sah @ Amrit Sah son of Late Lakhnu Sah Resident of village - Thahar, P.S. Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sunil Kr. Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 349 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Shobhit Sah, the husband of the informant was sleeping at the roof of the house of Parmeshwar Sah due to fear from Ranjit Sah, as land dispute was going on and in the morning the dead body of the husband of the informant was found on the roof of Parmeshwar Sah and it is alleged that Ranjit Sah and other F.I.R. named person including the petitioner killed Ranjit Sah and earlier also they have made an attempt to kill him. Submission is of false implication and during investigation no one has seen the petitioner in the company of

Patna High Court Cr.Misc. No.48282 of 2015 (4) dt.18-01-2016 2/2 Ranjit Sah, the informant is not an eye witness, only Ranjit Sah and 3-4 un-known were seen by the witnesses in the morning, fleeing away and, as such, the petitioner who is suffering in custody since 01.07.2015, having no criminal antecedent, deserves sympathetic consideration.

Learned A.P.P. after going through the case diary, fairly submits that Ranjit sah alongwith 3-4 was seen fleeing away towards west at 4.00 a.m.

In the facts and circumstances stated above, the petitioner, Imirti Sah @ Amrit Sah is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Sitamarhi arising out of Runnisaidpur P.S. Case No. 349 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T