Jay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32777 of 2023 Arising Out of PS. Case No.-254 Year-2022 Thana- JADIA District- Supaul ====================================================== Jay Kumar Sah Son Of Late Sukhdeo Sah Resident Of Village-Hirapatty, Ward No.-12, Police Station-Jadia, District-Supaul ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 302, 120B, 504, 506, 34 of the Indian Penal Code. As per FIR, the allegation against the petitioner along with co-accused persons is that, when they were assaulting the informant, and when her husband came and protested to do so, in the meantime co-accused, namely, Rajo Sah assaulted on the head of the informant's husband by means of bamboo (Mungra) with intention to kill him. It is further alleged that petitioner and co-accused persons also

Patna High Court CR. MISC. No.32777 of 2023(2) dt.24-06-2023 2/3 assaulted him due to which he sustained injuries and during treatment he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. There is no specific allegation of assaulting attributed against the petitioner rather general and omnibus allegation attributed against him and the specific allegation of assaulting is attributed against co-accused. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.09.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently 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 Jadia P.S. Case No. 254 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.32777 of 2023(2) dt.24-06-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist, Supaul.

(Sunil Kumar Panwar, J) manishkumar/- U T