Pravin Sah @ Pravin Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18040 of 2019 Arising Out of PS. Case No.-360 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== PRAVIN SAH @ PRAVIN KUMAR SAH, Son of Late Sudhir Sah, Resident of Village - Balha, P.S- Bihpur (Bhawanipur), Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tarkeshwar Pd. Verma For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bihpur (Bhawanipur) P.S. Case No.360 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that on the date of occurrence on the instigation of Rajni Devi, Anmol Sah, Mangal Sah and Pravin Sah made firing from their pistols. First shot caused injury in the chest of husband of the informant, second shot caused injury in the waist and third shot hit in the wall. Husband of the informant fell down on the ground and died subsequently.

Case diary has been received. In the case diary, statement of daughter-in-law of the informant has been recorded

Patna High Court CR. MISC. No.18040 of 2019(4) dt.04-07-2019 2/3 in para 5 of the case diary. She has stated that on the date of occurrence she got awake on hearing sound and saw Anmol, Mangal and Pravin made firing on her father-in-law. She has specifically stated that fire shot by Anmol caused injury in the chest of her father-in-law. Thereafter, he tried to run away then Mangal fired which hit her father-in-law. Thereafter, Praveen also fired, but because her father-in-law had fallen down, the shot hit in the wall. The informant in her further statement has just repeated the story as mentioned in the written report that all the three fired and first shot hit in the chest of the deceased, second shot hit on the waist and third shot on the wall. In this manner, from the statement of Puja Devi, who is daughter-in-law of the informant, it appears that fire shot by this petitioner did not hit husband of the informant, rather, it hit on the wall.

Petitioner is in custody since 08.09.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Naugachia, in connection with Bihpur

Patna High Court CR. MISC. No.18040 of 2019(4) dt.04-07-2019 3/3 (Bhawanipur) P.S. Case No.360 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T