Vigu Sah @ Bigu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13919 of 2023 Arising Out of PS. Case No.-230 Year-2021 Thana- PIPRAHI District- Sheohar ====================================================== Vigu Sah @ Bigu Sah, aged about 80 years, Male Son of Late Mogal Sah, Resident of Village- Nayagaon Mahuawa, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with S. T. No. 138 of 2022 arising out of Piprahi P.S. Case No. 230 of 2021 dated 17.11.2021 registered for the offence punishable under Sections 447, 147, 149, 341, 342, 323, 325, 307/34, 354 of the Indian Penal Code and later on Section 302 of the IPC was also added.

As per the prosecution case, 15 named accused persons, came at the house of the informant with arms. Co-accused Mahavir Sah assaulted the father of informant with lathi-danda causing serious injury on his head. Co-accused Rameshwar Sah

Patna High Court CR. MISC. No.13919 of 2023(2) dt.10-05-2023 2/3 also assaulted him by hand. Co-accused Chandan Kumar assaulted Dashrath Sah on his head. The injured were taken to hospital. The father of informant died later on. Learned counsel for the petitioner submits that the petitioner and one other co-accused Shakuntala Devi were not named in the FIR but they have been made accused later on. There is no specific allegation against the petitioner, who is about 80 years of age. Prosecution side and named accused persons are pattidars having land dispute and the petitioner has been falsely implicated at much belated stage. The petitioner is in jail custody since 29.05.2022 having no criminal antecedent and chargesheet has already been filed against him. Learned counsel for the petitioner further submits that similarly situated co-accused namely Shakuntala Devi has been granted bail by a Co-ordinate Bench of this Court vide order dated 16.12.2022 in Cr. Misc. No. 51090 of 2022. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.13919 of 2023(2) dt.10-05-2023 3/3 like amount each to the satisfaction of the learned Court concerned in connection with S. T. No. 138 of 2022 arising out of Piprahi P.S. Case No. 230 of 2021.

(Sunil Dutta Mishra, J) Anand Kr.

U T