Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25233 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Jitendra Sah Son of Kailash Sah Resident of Village - Malpur, P.S. - Gopalpur, District - Bhagalpur.

2.

Kripal sah Son of Kailash Sah Resident of Village - Malpur, P.S. - Gopalpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-09-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioners are languishing in custody for the offences punishable under Sections 341/323/324/ 307 /504 / 506/34 of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added. Submission is that specific allegation is against Ranjan Sah to have assaulted Vikash Sah with an Axe causing injury and death. The petitioners were allegedly members of the unlawful assembly. However, no overt-act is alleged. The petitioners are the victims of over implication. The petitioners are

Patna High Court CR. MISC. No.25233 of 2021(2) dt.10-09-2021 2/2 in custody since 21.08.2020.

Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gopalpur P.S. Case No.268 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T