Navin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31031 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== Navin Sah Son of Pavitar Sah Resident of village - Shahpur, P.S. - Pandaul, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2023 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 Pandaul P.S. Case No. 122 of 2022 registered for the offence under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 21.03.2023.

The allegation against the petitioner is to commit murder of husband of the informant, alongwith other co-accused persons, by causing fire arm injury, due to some altercation, which developed while purchasing some articles from the shop

Patna High Court CR. MISC. No.31031 of 2023(2) dt.05-07-2023 2/3 of the husband of the informant.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case for the reason that he supported co-accused, namely, Shankar Sah, who entered into hot exchange of words with the husband of the informant, while purchasing goods, where altercation took place due to bad quality of purchased goods. It is submitted that specific allegation of fatal fire arm injury is available against co-accused, namely, Shankar Sah and not against this petitioner. It is submitted that similarly situated co-accused, namely, Ranjit Kumar Jha@Ranjit Jha@Ranjit Kumar has already been granted bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 44483 of 2022 vide order dated 08.12.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of 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 opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation to cause specific fire arm injury is available

Patna High Court CR. MISC. No.31031 of 2023(2) dt.05-07-2023 3/3 against co-accused, namely, Shankar Sah and not against this petitioner coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 21.03.2023, accordingly, above named petitioner is directed to be released on bail in connection with Pandaul P.S. Case No. 122 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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