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Patna High CourtCR. MISC./24566/2023allowed

Pawan Sah v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24566 of 2023 Arising Out of PS. Case No.-251 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== PAWAN SAH S/O SUDIN SAH Resident of Village- Bakhadda, P.S.- Sahebpur Kamal District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code.

As per FIR, it is a case of assault due to which, the son of the informant, succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner rather specific allegation of assaulting by means of Katta on the head of the informant's son is against coaccused Sohan Shah, due to which he succumbed to injury.

Patna High Court CR. MISC. No.24566 of 2023(2) dt.22-05-2023 2/2 There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 25.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Begusarai in connection with Sahebpur Kamal P.S. Case No. 251 of 2021.

(Sunil Kumar Panwar, J) arish/- U T