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Patna High CourtCR. MISC./22291/2025bail granted

Jagarnath Sah v. The State Of Bihar

2025-04-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22291 of 2025 Arising Out of PS. Case No.-225 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Jagarnath Sah S/O Late Lakshman Sah R/O Village- Bhatabari, Ward No.- 05, Post Office- Chhatapur, Police Station- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nilotpal Sharma, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 354B, 308, 379, 504, 506, 34, 302 and 313 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner had earlier moved this Court seeking regular bail by filing Cr. Misc No. 51280 of 2024 and the same was permitted to be withdrawn by an order dated 30.08.2024 with liberty to the petitioner to renew his prayer for bail after framing of charge.

4.

Learned counsel for the petitioner further submits that the instant regular bail application has been filed not in terms of the liberty granted to the petitioner vide order dated 30.08.2024 in Cr. Misc No. 51280 of 2024 for the reason that

Patna High Court CR. MISC. No.22291 of 2025(3) dt.11-04-2025 2/3 petitioner has filed Cr. Revision No. 658 of 2024 before this Court assailing the order of cognizance whereby cognizance of offence under various Sections of the Indian Penal Code including Sections 302 and 313 of the Indian Penal Code was taken. It is next submitted that Cr. Revision No. 658 of 2024 was taken up for hearing by a learned Co-ordinate Bench of this Court on 04.12.2024 and criminal revision was admitted for hearing on the ground that the issues raised by the petitioner in Cr. Revision No. 658 of 2024 appear to be arguable.

5. Learned counsel for the petitioner next submits that if petitioner would get the charges framed, in that event, Cr. Revision No. 658 of 2024 shall become infructuous.

6. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place and the petitioner is not alleged to have assaulted the victim, who subsequently died, rather allegation against this petitioner is that he looted household articles and had also caught Baidya Nath Sah from behind. It is next submitted that petitioner is in custody since 10.01.2024 and is a person with clean antecedent.

7. Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.22291 of 2025(3) dt.11-04-2025 3/3 prayer for bail of the petitioner.

8. Considering the submission made by learned counsel for the petitioner and also taking into consideration the fact that petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhatapur P.S. Case No. 225 of 2023.

(Satyavrat Verma, J) Kundan/- U T