Ajay Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.17020 of 2018 (3) dt.04-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17020 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ ====================================================== Ajay Sah Son of Dhurendra Sah Resident of Village - Shyampur, P.S. Uchkagaon, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Javed Aslam, Advocate For the Opposite Party : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under section147, 148, 149 and 302 of the IPC. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to subsisting land dispute between the petitioner and the informant side and prior to the lodging of this case, petitioner is not accused in other case. He submits that before lodging of the instant case, petitioner's mother had lodged Uchakagaon Police Station Case No. 112/2017 against the deceased. Occurrence took place on 29.6.2017, whereas death of informant's father occurred on 30.6.2017 and the FIR has been lodged on 2.7.2017. It is submitted that the injury mentioned in the post mortem report has also not supported the manner of assault alleged in the

Patna High Court Cr.Misc. No.17020 of 2018 (3) dt.04-05-2018 FIR. Petitioner is in custody in connection with this case since 2.1.2018.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IX, Gopalganj in Uchkagaon Police Station Case No. 118 of 2017 on the following condition:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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