Abdesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6055 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Abdesh Sah S/o Mahendra Sah, resident of vill. - Bhabta, P.S. Sathi, Distt. - West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that in the occurrence, the petitioner and co-accused Suresh Singh shot Sajjad, the son of the informant resulting Sajjad also died. Submission is of false implication and that during postmortem, one wound of entry and one wound of exit have been found on the person of the deceased Sajjad and there is allegation against the petitioner and co-accused Suresh Singh, who caused

Patna High Court Cr.Misc. No.6055 of 2016 (3) dt.06-04-2016 2/2 fire arm injury and as such there being no specific allegation, the petitioner deserves sympathetic consideration to which learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that prayer of bail of coaccused Binda Singh, Shailesh Singh, Kishori Singh and Bhushan Singh have already been rejected by another Co-ordinate Bench of this Court and it is a case of double murder wherein the husband and the son of the informant were killed.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and, accordingly, his such prayer in connection with Sathi P.S. Case No.159 of 2015 pending in the court of Nagesh Pratap Singh, J.M. 1st Class, West Champaran at Bettiah stands rejected. (Jitendra Mohan Sharma, J) N.H./- U T