Dhannu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32682 of 2021 Arising Out of PS. Case No.-86 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Dhannu Sao Son of Late Krishna Sao @ Krishna Saw Resident of VillageDaudpur Bazar, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and Shri Narsingh Tanti, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 86 of 2018 instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.01.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that she along with her husband and one Arun Kumar were coming to Dallu Chowk by Scorpio vehicle and when they reached near Rampur More, 6-7 persons including the named accused persons with arms and ammunitions surrounded the vehicle. Further, that Arvind Paswan armed with pistol made firing

Patna High Court CR. MISC. No.32682 of 2021(2) dt.10-01-2022 2/2 upon the husband of the informant due to which her husband received injury and he subsequently died. The reason for the occurrence is land dispute.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name transpired during the course of investigation and it has come in paragraph '89' of the case diary that petitioner was also present at the place of occurrence. It is further submitted that co-accused Amit Kumar has been granted bail by order dated 17.07.2018 in Cr. Misc. No. 41074 of 2018.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 17.01.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and is not named in the F.I.R., let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Danapur, Patna in connection with Khagaul P.S. Case No. 86 of 2018.

(Satyavrat Verma, J) Rishi/- U T