Jay Kant Sah @ Rajesh Kr. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28118 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- TIKAPATTI District- Purnia ====================================================== JAY KANT SAH @ RAJESH KR. SAH S/O- Vijay Sah R/O- Jamdaha, P.S.- Katoriya, Distt. - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Tikapatti P.S. Case No. 88 of 2020 for the offence punishable under Section 394 of the Indian Penal Code.

The allegation is regarding the accused persons having hired the tempo of the informant and while they were travelling on the same, they had stopped the tempo on the way and had assaulted the informant, whereafter they had fled away along with the tempo.

The learned counsel for the petitioner has submitted that the petitioner has not been named in the FIR and his name has transpired in the present case only on suspicion on account of

Patna High Court CR. MISC. No.28118 of 2021(2) dt.07-12-2021 2/2 being the brother-in-law of the co-accused person namely Jyotish Sah. It is further submitted that the petitioner is languishing in custody since 24.11.2020.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that there is no direct allegation which has been leveled against the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia in connection with Tikapatti P.S. Case No. 88 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T