Bharosh Sah @ Ram Bharosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34140 of 2021 Arising Out of PS. Case No.-653 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BHAROSH SAH @ RAM BHAROSH SAH S/o- SUNDAR SAH Resident of Village- Ulao, Police Station- Muffasil (Singhauli), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP Mr.Arjun Prasad, Adv.

Mr.Ashok Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Heard the parties.

The petitioner apprehends his arrest in a case in connection with Muffasil (Singhoul) P.S. Case No.653/2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code. The allegation against the petitioner is that he along with other FIR named accused persons has killed the brother of the informant by means of rod and khanti etc.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to old enmity and village politics. No such occurrence, in the manner as alleged has ever taken place. There is no eye-witness to the alleged

Patna High Court CR. MISC. No.34140 of 2021(3) dt.28-02-2022 2/3 occurrence and only on suspicion, this case has been lodged against the petitioner. There is case and counter-case between the parties. The other co-accused namely Subodh Sah @ Subodh Kumar has earlier filed a case vide Muffasil (Singhoul) P.S. Case No.652/2020, dated 22.12.2020 at about 6 P.M., registered u/s 302 of the IPC and 25(1-B)a/26/27 of the Arms Act against the deceased Jai Shankar Singh @ Gento Singh to murder of his wife. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner and other accused persons to kill the deceased by means of various arms. Having regard to the facts and circumstances of the case, considering that there is a case and counter-case between the parties and the specific allegation was levelled upon the deceased of Muffasil (Singhoul) P.S. Case No.652 of 2020, to fire upon the wife of the co-accused Subodh Sah, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.34140 of 2021(3) dt.28-02-2022 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil (Singhoul) P.S. Case No.653/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T