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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27408 of 2024 Arising Out of PS. Case No.-323 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== Saroj Sah @ Saroj Kumar Sah SON OF LATTU SAH @ RAMASHISH SAH RESIDENT OF VILLAGE- KAMALABARPATTI (KAMLAPATPATTI), PS- HARLAKHI, DIST- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Basopatti P.S. Case No. 323 of 2019, registered for the offences punishable under Sections 302, 506, 34 of the IPC and 27 of Arms Act.

3. Learned counsel for the petitioner has submitted that the informant is father of the deceased who is an eyewitness. He made specific allegation against Dev Narayan Yadav that he fired shot by pistol on his son. Co-accused Sudhir Yadav also fired which hit to the head of the deceased and coaccused Ghanshyam Yadav also fired. The allegation against the petitioner and other accused persons is that they were

Patna High Court CR. MISC. No.27408 of 2024(3) dt.05-07-2024 2/2 threatening the members of prosecution side by opening fire.

4. Learned counsel for the petitioner has submitted that 9 accused persons have been named in the FIR, but the allegation of firing is only againast Dev Narayan Yadav, Ghanshyam Yadav and Sudhir Yadav. He has also submitted further that the petitioner is a person of clean antecedent and with ulterior motive a number of persons have been implicated in this case.

5. Considering the above-mentioned facts and circumstances and also considering the fact that the allegation against the petitioner is general and omnibus, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, V, Madhubani in connection with Basopatti P.S. Case No. 323 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T