Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20979 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Sarita Devi W/o Ashok Paswan R/o of Village- Nayan Chak, P.S.- Khagaul, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Khagaul P. S. Case No. 33/2024 in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 08.02.2024, while the brother of informant was returning his house from the market, all the accused persons including this petitioner caught his brother and fired upon him due to which he sustained firearms injury and when he was taken to Paras Hospital for treatment, the doctor declared him dead.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.20979 of 2025(2) dt.18-04-2025 2/2 case only on suspicion. Informant is not an eye witness to the alleged occurrence and has not disclosed the source of information as to how he came to know about involvement of petitioner in the alleged murder of his brother. Allegation is general and omnibus and no specific overt act has been alleged against the petitioner. Petitioner is in custody since 24.11.2024. Chargesheet has already been submitted.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Danapur in connection with Khagaul P. S. Case No. 33/2024.
(Prabhat Kumar Singh, J) Navya/- U T