Shaligram Sah @ Saligram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20865 of 2023 Arising Out of PS. Case No.-677 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SHALIGRAM SAH @ SALIGRAM SAH Son of Sitaram Sah Resident of Village - Baghi, P.S.- Nagar (Lohiya Nagar O.P.), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== 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 instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as emerging from the FIR is that on 04.11.2021, there was altercation taken place between the informant's son and accused persons. Later on, the informant's son was shot dead by the petitioner along with others. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The informant is not the eye-witness of the alleged occurrence and only on the basis of hearsay statement of the villagers the petitioner has been falsely

Patna High Court CR. MISC. No.20865 of 2023(3) dt.17-07-2023 2/2 implicated in the present FIR. There is no consistent evidence and no eye-witness of the occurrence to show that the petitioner has involved in the said crime. He further submitted that the others co-accused have already been granted bail by a Coordinate Bench vide order dated 02.02.2023 passed in Cr. Misc. No. 35164 of 2022 and its analogous cases. He is languishing in judicial custody since 26.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Begusarai Town P.S. Case No. 677 of 2021.

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