Sanjit Sah @ Sanjit Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23797 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== SANJIT SAH @ SANJIT KUMAR SAH S/o Hari Sah @ Harinarayan Sah Resident of Village- Hansa, P.S.- Kishanpur, Dist- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam, Advoate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 183 of 2021 registered for the offence under Sections 307/34 of the I.P.C. and 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 19.09.2021.

The allegation against the petitioner is to cause fire arm injury to the informant along with other co-accused persons with intention to cause death.

Learned counsel appearing on behalf of the petitioner submitted that the allegation as regard to firing is against coaccused, namely, Kailash Shah, where F.I.R. is speaking that

Patna High Court CR. MISC. No.23797 of 2022(2) dt.26-08-2022 2/2 petitioner is only pulled the informant, perhaps same was with motive to save him from alleged firing. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that allegation of firing is against co-accused Kailash Shah, as per F.I.R.

Considering the facts and circumstances as mentioned above, as there is no allegation of firing against the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kishanpur P.S. Case No. 183 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Chief Judicial Magistrate, Supaul/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T