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Patna High CourtCR. MISC./31962/2023allowed

Udgar Shah @ Udgar Sah @ Udgar Sao v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31962 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== UDGAR SHAH @ UDGAR SAH @ UDGAR SAO Son of Jogindra Shah @ Jogindra Sao @ Yogendra Shah @ Yogendra Sao Resident of village - Kusmaut, P.S. - Nima Chandpura, Distt. - Begusarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakib Ayaz For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of Arms Act. According to the FIR, the petitioner along with other co-accused persons were cultivating the filed of the informant forcibly. When the informant informed the police then they reached there and on seeing the police party, accused persons starting firing upon the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is Bataidaar and cultivating the filed of co-accused

Patna High Court CR. MISC. No.31962 of 2023(2) dt.24-06-2023 2/2 Mansoor Mia with whom the informant has some land dispute due to this reason this petitioner has falsely been made accused in the present case. From perusal of FIR, the allegation of firing has been made against the petitioner but no one caused harm by firing. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 24.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nima Chandpura P.S. Case No. 114 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T