Munna Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21092 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Munna Sah S/O Shree Ram Sah, Resident Of Village- Bahadurpur, P.S.- G.B. Nagar, Distirct- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with G.B. Nagar P.S. Case No. 200 of 2021 dated 16.08.2021, instituted for the offence punishable under Sections 341, 323, 364, 302, 201, 34 of the Indian Penal Code and 27 of the Arms Act.
3. The prosecution case, in short, is that on 13.08.2021 at 02.00 P.M., Markandey Singh and Ankit Singh came the informant's house and took her son Happy Chaubey on the pretext of inquiring about an incident relating to assault which took place one day before. When they reached near the place of occurrence, about 12 accused persons started indiscriminate firing and killed her son and threw the dead body in a ditch. Further the dead body was recovered on 15.08.2021.
Patna High Court CR. MISC. No. 21092 of 2023(2) dt.18-05-2023 2/3 It has been alleged that one day prior to the incident, the petitioner and other accused persons along with 4-5 unknown persons were killed her son.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case merely on suspicion and village politics. Learned counsel for the petitioner submits that the date of occurrence is 13.08.2021, but First Information Report has been lodged on 16.08.2021 with a delay of three days. Learned counsel for the petitioner further submit that the informant is not an eye-witness of the occurrence. The allegation against the petitioner is general and omnibus. Learned counsel for the petitioner submits that 8 accused persons have already been granted bail by Coordinate Benches of this Court, whose details are mentioned in annexure-2 series. Lastly, it has been submitted that the petitioner is in custody since 02.12.2022 having one criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No. 21092 of 2023(2) dt.18-05-2023 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan, in G.B. Nagar P.S. Case No. 200 of 2021. (Khatim Reza, J) premchand/- U