Raj Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38244 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== RAJ KISHORE SAH S/O LATE RAMESHWAR SAH R/O VillageDewariya, PS. Revilganj, Dist. Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of hiring criminals and under conspiracy killed the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. He has committed no offence. There was a land dispute running between the informant and the petitioner since long and due to which, on suspicion, petitioner has made accused in this present case by the informant. There is no

Patna High Court CR. MISC. No.38244 of 2023(3) dt.07-08-2023 2/2 specific overt act against the petitioner of firing. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.02.2023.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner is named in the FIR and he hired the assailant, who fired upon the informant's son due to which, he died.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rivilganj P.S. Case No. 419 of 2022.

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