Subodh Kumar Sah@ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30136 of 2024 Arising Out of PS. Case No.-179 Year-2022 Thana- MIRGANJ District- Purnia ====================================================== Subodh Kumar Sah@ Subodh Kumar SON OF Raj Kumar Sah RESIDENT OF VILLAGE- MEERGANJ, PS- MEERGANJ, DIST- PURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and the State .
2. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 341 , 323 , 324, 307, 504, 506 and 34 of the Indian Penal Code. 3 . As per F.I.R., petitioner is alleged to have given lathi blow on the abdomen of the husband of the informant due to which he sustained injuries.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this false case due to ill motive of the informant. There is five days delay in lodging the F.I.R., for which there is no plausible explanation which itself creates doubt over entire prosecution case . As a matter of fact, petitioner was not present at the place
Patna High Court CR. MISC. No.30136 of 2024(3) dt.03-05-2024 2/2 of occurrence and no such occurrence as alleged has ever been taken place . It is further submitted that chargesheet has already been submitted. Petitioner is in custody since 06.01.2024 . 5 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed.
6. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate , Purnea in connection with Mirganj Police Station Case No. 179 of 2022 . (Prabhat Kumar Singh, J) Koushik/- U T