Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51001 of 2018 Arising Out of PS.Case No. -921 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Dilip Sah Son of late Bande Lal Sah Resident of Village- Khabdah Kanhaili, P.S. Narpatganj, Distt. Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case initially registered under Sections-147, 148, 149, 341, 323, 324, 307, 354-B, 379, 504, 506/34 of the Indian Penal Code and later on Section-302 of the Indian Penal Code was also added.

The prosecution case, in brief, is that the accused persons started assaulting the cousin brother of the informant and thereafter, accused persons are alleged to have inflicted iron rod blow on the head of informant's father, who received injuries and ultimately, in course of treatment, he succumbed to the injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-06-2018 and he has got no

Patna High Court Cr.Misc. No.51001 of 2018 (2) dt.18-09-2018 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. No specific injury has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. The postmortem report shows that there is only one injury. The postmortem report does not support the allegations, made in the FIR. Charge sheet has already been submitted in this case. The other similarly situated co-accused namely, Lalita Devi has been granted bail by a coordinate bench of this court vide order dated 01-05-2018 passed in Cr. Misc. No. 22534 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 921 of 2017.

(Sudhir Singh, J) A.K.V./- U T