Kartik Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22008 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== 1.

Kartik Sah Son Of Mahadeo Sah Resident Of Village- Navtoliya (Bhimri), P.S.- Pasraha, Dist.- Khagaria 2.

Sakuni Devi Wife Of Kartik Sah Resident Of Village- Navtoliya (Bhimri), P.S.- Pasraha, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Pasraha P.S. Case No. 307 of 2023 instituted for the offence under Sections 302, 201, 120(B) & 34 of the Indian Penal Code. 3.

It is alleged that these petitioners along with other co-accused persons have committed murder of the brother of the informant by means of sharp cutting weapon and iron rod. 4.

It has been submitted on behalf of the petitioners that the petitioner are in custody since 13-11-2023. Petitioners have no criminal antecedent.

5.

It has been further submitted by the petitioners'

Patna High Court CR. MISC. No.22008 of 2024(2) dt.01-04-2024 2/3 counsel that petitioners have been falsely implicated in the present case only on the basis of suspicion. Learned counsel further submitted that informant is not the eye-witness to the alleged occurrence. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that dispute arose between the brother of the informant and co-accused Mithun Sah one week before the occurrence and so far as these petitioners are concerned, they are nowhere in picture. Other coaccused have been allowed bail by this Court vide order dated 22-03-2024, passed in Cr. Misc. No. 21535 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, no direct allegation against the petitioners, clean antecedent and claim based on parity, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners 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

Patna High Court CR. MISC. No.22008 of 2024(2) dt.01-04-2024 3/3 Court below/concerned Court in connection with Pasraha P.S. Case No. 307 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T