Gautam Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38581 of 2022 Arising Out of PS. Case No.-575 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Gautam Kumar Sah Son of Baijnath Sah Resident of Village- Nagrahi, P.S.- Raniganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Yadav, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Raniganj P.S. Case No. 575 of 2020, lodged under Sections 302/34 of the Indian Penal Code.
As per prosecution case, the informant has alleged that his deceased brother was having a fertilizer shop and he was slept in his shop. His neighbor shopkeeper heard sound of a girl in the shop who is alleged to be Rubina Kumari. In the morning the dead body of informant's brother was found. The informant has every faith that the petitioner alongwith coaccused persons namely Vijay Sah, Suren Sah, Baijnath Sah, Rubina Kumari and some unknown associates have committed murder of informant's brother Munna Sah by strangulation.
Patna High Court CR. MISC. No.38581 of 2022(2) dt.01-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is a man of clean antecedent and only being a co-villager his name has figured in this case and for this he is in custody since 07.02.2022. He also submits that from the order passed by Sessions Court the only suspicion against the petitioner was that his tower location of Mobile was there as per C.D.R., in this regard, learned counsel for the petitioner submits that since petitioner is the resident of same village, therefore, it is obvious that there shall be a common tower location. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 575 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date
Patna High Court CR. MISC. No.38581 of 2022(2) dt.01-11-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T