Mishrilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10014 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== Mishrilal Sah, Son of late Dahaur Sah, Resident of Village - Kaswa Kadamawa, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Ghorasahan P.S. Case No. 92 of 2019, registered under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that Shambhu Prasad Rai, younger brother of the informant, Birendra Rai and Siyaram Mahto went to the Bock Office, Ghorasahan. When both came out from the gate of Block Office then at that time, Awadhesh Sah, Madan Sah, Pradeep Sah and Subham Saurab came on two motorcycles having pistol in their hand. In the meantime, Awadhesh Sah shot fire at the head of his younger brother,

Patna High Court CR. MISC. No.10014 of 2020(2) dt.29-02-2020 2/3 Shambhu Prasad Rai then Siyaram Mahto laid down his brother on the ground. Thereafter Mandan Sah fired through pistol at Siyaram Mahto but the same was missed. In the meantime, Subham Saurav fired at the temporal of Siyaram Mahto. Due to firearm injury, his younger brother, Shambhu Prasad Rai and Siyaram Mahto died. After committing murder, all miscreants fled away towards east side. After some time, liner Hajari Lal Sah, Upendra Sah and Mishri Lal (petitioner) came at Kashwa Karmwa Domtoli Chouck having armed with pistol and fired in air and asked to take away the dead body. Learned counsel for the petitioner submits that it would appear from the FIR that only four persons were involved in the murder of Shambhu Prasad Rai and Siyaram Mahto and the name of the petitioner and two others have been implicated in the present case due to dirty village politics. It is further submitted that petitioner has no criminal antecedent and is in custody since14.11.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikarhana at Dhaka, East

Patna High Court CR. MISC. No.10014 of 2020(2) dt.29-02-2020 3/3 Champaran, in connection with Ghorasahan P.S. Case No. 92 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T