Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42715 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== Rajesh Sah Son of Late Bhikhari Sah Resident of Village - Sonhar, Police Station - Shivsagar, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and Shri Naveen Kumar Pandey, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Shivsagar P.S. Case No. 241 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 11.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation in the F.I.R. is that the informant alleges that on 21.08.2020 children were playing cricket and on some issue, altercation started between children which led to altercation between villagers and it is alleged that twenty four named

Patna High Court CR. MISC. No.42715 of 2021(2) dt.12-01-2022 2/2 accused persons including the petitioner started assaulting the prosecution party and even firing was resorted to in which eight persons sustained injuries. The allegation of firing is against named accused persons.

Learned counsel for the petitioner submits that the allegation of firing is not against the petitioner and the petitioner is a shopkeeper and he was opposing the altercation of the villagers in front of his shop and thus came to be falsely implicated in the present case.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 11.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram, Rohtas in connection with Shivsagar P.S. Case No. 241 of 2020.

(Satyavrat Verma, J) Rishi/- U T