Patna High CourtCR. MISC./32877/2016dismissed

Sonu Sah @ Amit Kumar Sah @ Amit Sah v. The State Of Bihar

2016-09-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32877 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sonu Sah @ Amit Kumar Sah @ Amit Sah, son of late Shivnandan Sah @ Dhebu Sah, resident of village-Surkhikal Mitra, P.S.-Barari, DistrictBhagalpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Allegation is that informant's brother was assaulted by the accused persons. Thereafter, he was taken to hospital where he was declared dead.

It has been submitted on behalf of the petitioner that he is in custody since 29.3.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest implication of the petitioner in the present case.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R. but wife of the deceased has been examined in para-24 of the case diary where she has stated that informant is the brother of the deceased and the relationship between informant and the deceased was not good. She has further stated that the deceased had disclosed the name of this

Patna High Court Cr.Misc. No.32877 of 2016 (4) dt.22-09-2016 2/2 petitioner after getting injured in the occurrence. In para-60 of the case diary petitioner has accepted his guilt and made confession before the police stating that he had given Rs.1,50.000/- to coaccused Rohit Sah for committing murder of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. The court below at Bhagalpur is directed to take necessary steps to expedite the trial in connection with Kotwali (Barari) P.S. case no. 80 of 2016.

(Sudhir Singh, J) sudip/- U T