Dindeyal Sah @ Dindeyal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21535 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== 1.
Dindeyal Sah @ Dindeyal Kumar Son Of Jivan Sah @ Jivo Sah Resident Of Village - Navtolia, Bhimri, P.S. - Pasraha, District - Khagaria 2.
Soti Sah Son Of Raghu Sah @ Raghunath Sah Resident Of Village - Navtolia, Bhimri, P.S. - Pasraha, District - Khagaria 3.
Navin Sah @ Pagal Sah @ Pago Sah Son Of Raghu Sah @ Raghunath Sah Resident Of Village - Navtolia, Bhimri, P.S. - Pasraha, District - Khagaria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Pasraha P.S. case No. 307 of 2023, arising out of G.R. No. 3900 of 2023, instituted for the offences under Sections 302, 201, 120B/34 of the Indian Penal Code.
3. It is alleged that these petitioners along with other co-accused persons have committed murder of the brother of the
Patna High Court CR. MISC. No.21535 of 2024(2) dt.22-03-2024 2/3 informant by means of sharp cutting weapon and iron rod.
4. Learned counsel for the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case only on the basis of suspicion. Learned counsel further submitted that informant is not the eye-witness to the alleged occurrence. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that dispute took place between the brother of the informant and co-accused Mithun Sah one week before the occurrence and sofar as these petitioners are concerned, they are nowhere in picture. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.11.2023 and no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, no direct allegation, clean antecedent and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.21535 of 2024(2) dt.22-03-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Pasraha P.S. case No. 307 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T