Patna High CourtCR. MISC./14351/2024bail granted

Lal Bihari Sah v. The State Of Bihar

2024-02-23Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14351 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Lal Bihari Sah, S/o Late Balchand Sah, R/o Village - Bardiha, P.S. - Adhaura, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate Ms. Kumari Chandna, Advocate Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 285 of 2023, arising out of Adhaura P.S. Case no. 27 of 2023 registered under sections 302, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the accused persons which includes his father ie the petitioner herein as also his two step brothers killed his mother and hurriedly disposed of her body by cremating the same in Varanasi. He further states that he had given a sum of Rs.2.5 lacs to his mother to keep the same as he wanted to start a business. His step brothers had threatened him.

Patna High Court CR. MISC. No.14351 of 2024(2) dt.23-02-2024 2/3

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2023 (Annexure-1) passed in Cr. Misc. no.61982 of 2023 giving liberty to the petitioner to renew his prayer for bail on framing of charge. The petitioner is in custody since 16.5.2023 and charge has been framed against the petitioner vide order dated 6.1.2024 in the learned trial Court, certified copy of which has been brought on record as Annexure-3 to this petition. It is submitted that the petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody since 16.5.2023, not having any criminal antecedent, liberty granted to the petitioner vide earlier order of rejection dated 6.12.2023 and charge having been framed in the learned trial Court on 6.1.2024, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.285 of 2023 (arising out of Adhaura P.S. Case 27 of 2023) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.14351 of 2024(2) dt.23-02-2024 3/3 learned Additional District and Sessions Judge-I, Kaimur at Bhabhua.

(Partha Sarthy, J) avinash/- U T