Brijesh @ Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18645 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Brijesh @ Vikash Sah, aged about 30 years, Male, Son of Nakchhed Sah, Resident of Village- Bharwa Tola Guruwalia, P.S.- Bettiah (Muffasil), Manuapul, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-01-2021 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Bettiah (Muffasil) Manuapul P.S. Case No. 360 of 2019 registered for the offence under Section 326 / 307 / 34 of the I.P.C. and Section 27 of the Arms Act.

The allegation as per the First Information Report is that the petitioner fired upon the informant causing fire arm injury upon his right shoulder.

Learned senior counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with ulterior motive. Learned counsel further submits that there was previous enmity between the informant and the co-accused / Rajesh Kushwaha and the informant has raised suspicion against the co-accused / Rajesh Kushwaha in the F.I.R. Learned counsel

Patna High Court CR. MISC. No.18645 of 2020(3) dt.18-01-2021 2/2 further submits that petitioner is in custody since 01.07.2019 and charge sheet has already been submitted in this case. Having regard to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 01.07.2019, charge sheet has already been submitted and the petitioner is having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran / court concerned in connection with Bettiah (Muffasil) Manuapul P.S. Case No. 360 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T