Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18666 of 2023 Arising Out of PS. Case No.-184 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Dinesh Sah S/O Late Parmeshwar Sah Residence Of Village- Dariya Chhapra, P.S. Motipur, Distt.- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302,34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the informant's husband by means of iron rod due to which her husband sustained injuries and during treatment he died. It is further alleged that during occurrence they also took away cash of Rs. 50,000/- from the pocket of the informant's husband.

Patna High Court CR. MISC. No.18666 of 2023(3) dt.17-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. There is no specific overt-act of murder attributed against the petitoner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 11.02.2022 passed in Cr. Misc. No. 47571 of 2021. It is further submitted that the petitioner suo-motu surrendered on 23.11.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motipur P.S. Case No. 184 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.18666 of 2023(3) dt.17-07-2023 3/3 amount each to the satisfaction of learned ACJM-2nd West Muzaffarpur.

(Sunil Kumar Panwar, J) Manishkumar/- U T