Ramagya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48357 of 2015 Arising Out of PS.Case No. -148 Year- 2013 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramagya Sah, Son of Late Prasad Sah, Resident of Village - Majeerawa, P.S. - Lakhaura, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------------- 09-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghorasahan (Lakhaura) P.S. Case No.148 of 2013 registered under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act and Sections 3(1)(X) of the SC/ST Act.

The accusation is that the petitioner alongwith 30 others, named in the F.I.R., started to make indiscriminate firing at the informant, his brother and his son. When they rushed near to their house, the co-accused Yodha Rai and Matar Rai, shot fire causing injury on the chest and neck of the son of the informant,

Patna High Court Cr.Misc. No.48357 of 2015 (2) dt.09-11-2015 2/2 who fell down and died.

Learned counsel appearing on behalf of the petitioner submits that there is specific allegation against the co-accused Yodha Rai and Matar Rai to make firing at the son of the informant. There is no specific allegation against the petitioner and other co-accused to make firing at the deceased. It is further submitted that the similarly situated co-accused Manoj Baitha alias Manoj Kumar Baitha has already been granted bail by a coordinate Bench of this Court vide order dated 15.06.2015 passed in Criminal Misc. No.18463 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sikrahana at Motihari, East Champran, in connection with Ghorasahan (Lakhaura) P.S. Case No.148 of 2013.

(Rajendra Kumar Mishra, J) P.S./- U T