Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34638 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== RAJESH SAH S/O LATE SHANKAR SAH R/O VILLAGE-GISARA, P.SPARSAUNI, DISTRICT-SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant received information that his father had been murdered during morning walk. The informant raises suspicion that sometime back a thief was caught in connection with theft of a bike and in the panchayati held, Shailendra Singh son of Shalu Singh asked the informant's father to hand over the thief to him but the same was not done. An F.I.R. was registered.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. His name transpired

Patna High Court CR. MISC. No.34638 of 2021(3) dt.24-01-2022 2/2 in course of investigation when co-accused Md. Kasim Nadaf named the petitioner as being involved in the crime. The petitioner is in custody since 26.12.2020 and a number of coaccused have been enlarged on bail which would be evident from the order dated 26.10.2021 passed in Cr. Misc. no.28445 of 2021 granting bail to Shatrughan Kumar.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year and grant of bail to the above named co-accused, the Court directs the petitioner to be enlarged on bail in connection with Parsauni P.S. Case no.73 of 2019 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 Chief Judicial Magistrate, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T