Patna High CourtCR. MISC./35307/2024bail granted

Vijay Sah v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35307 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Vijay Sah Son Of Kedar Sah Resident Of Village- Sagunia, P.S.- Choraiya, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 458 of 2023 arising out of Dhoraiya P.S Case No. 85 of 2023 registered for the offences punishable under Section 302, 201, 34 of I.P.C.

3. As per prosecution case, petitioner along with another murdered the informant's son by tying a rope around his neck.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to local politics. He further submits that both petitioner and informant are co-villagers and there are many dispute going

Patna High Court CR. MISC. No.35307 of 2024(3) dt.31-07-2024 2/2 between them. He further submits that as per FIR, there is no eye witness of the alleged occurrence and the case is only based on circumstantial evidence, petitioner is implicated in this case merely on suspicion. He also submitted that petitioner is in judicial custody since 01.04.2023, which is more than one year from today.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-V, Banka in connection with Sessions Trial No. 458 of 2023 arising out of Dhoraiya P.S Case No. 85 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T