Raj Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13058 of 2020 Arising Out of PS. Case No.-131 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== Raj Kishor Sah S/o Late Jagdish Sah R/o village- Damauli Kadam Tola, P.S.- Mirganj, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Mirganj P.S. Case No. 131 of 2019, disclosing offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Heard learned counsel appearing on behalf of the petitioner and learned counsel representing the informant. From the First Information Report, it appears that there was some dispute already existing between the informant and persons named in the F.I.R. Allegedly, on the date of occurrence, at the instance of co-accused Pavitri Devi and other persons started assaulting the informant. It is alleged that one co-accused Sajan Kumar Sah made an unsuccessful assault with the sword in the

Patna High Court CR. MISC. No.13058 of 2020(2) dt.03-03-2020 2/3 informant's neck and when his relative Vipin Kumar came to his rescue, the accused persons started assaulting him. It is alleged that the petitioner had caught hold of the said Vipin Kumar, when co-accused Sajan Kumar Sah made an assault with a sword in his neck, which resulted into grievous injuries. It is alleged that the accused persons snatched some valuables also. Learned counsel appearing on behalf of the petitioner has relied on an order of this Court dated 29.02.2020, whereby Umesh Kumar Sah, co-accused has been allowed regular bail. Learned counsel appearing on behalf of the informant has opposed the prayer for bail and has submitted that since there is specific allegation against the petitioner of having caught hold of the victim Vipin Kumar, he doesn't deserve the privilege of regular bail.

Be that as it may, it is evident on reading of the F.I.R. that the case of the petitioner cannot be distinguished from the case of Umesh Kumar Sah, co-accused, who has been allowed regular bail by this Court by order dated 29.02.2020, passed in Criminal Miscellaneous No. 13764 of 2020.

Considering the above submission, this application is allowed.

Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.13058 of 2020(2) dt.03-03-2020 3/3 furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Mirganj P.S. Case No. 131 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T