Rahul Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23185 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== RAHUL KUMAR SAH SON OF CHANDRA SHEKHAR PRASAD SAH R/O VILLAGE-BASOPATTI, CHURI BAZAR, P.S.- BASOPATTI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Ratanakar Jha, Manoj Kumar Singh, Advocates For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 323, 341, 324, and 504 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that after a trivial dispute, the petitioner's struck his son with knife in his chest causing serious injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. No incriminating article has been recovered from the petitioner's possession. Even the doctor was not certain of the nature of the injury and was of the opinion that the injury

Patna High Court CR. MISC. No.23185 of 2022(3) dt.12-01-2023 2/2 appears to be grievous. The petitioner is in custody since 10.1.2022 and chargesheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioner having remained in custody for 1 year since 10.1.2022 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Basopatti P.S. Case no. 10 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani.

(Partha Sarthy, J) Spd/- U T