Balram Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29274 of 2022 Arising Out of PS. Case No.-557 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== Balram Kumar Sah Son of Shivnarayan Sah Resident of Village - Sisvar Bazar, P.s.- Fulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Narpatganj P.S. Case No. 557 of 2021 registered for the offence under Sections 328, 379 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 08.02.2022.

The allegation against the petitioner is to administer poison to the brother of the informant by way of cold drink and taken away cash of Rs.8,000/- (Rupees Eight Thousand) from

Patna High Court CR. MISC. No.29274 of 2022(2) dt.13-09-2022 2/3 his pocket.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Akbar Sah, where nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner with the pressent occurrence. It is further submitted that petitioner, subsequently, remanded in three other similar nature of cases. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the F.I.R.

In view of the facts and circumstances, as mentioned above, as nothing incriminating surfaced/recovered during the course of investigation, which may connect the petitioner with the pressent occurrence coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Narpatganj P.S. Case No. 557 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.29274 of 2022(2) dt.13-09-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T