Shiv Shankar Sah @ Kariya Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20292 of 2017 Arising Out of PS.Case No. -83 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Shiv Shankar Sah @ Kariya Sah Son of Late Hirday Sah, Resident of Village- Chandi, P.S.- Charpokhari, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner wants to renew his prayer for bail which was earlier dismissed as withdrawn vide Cr. Misc. No. 14515 of 2016 by order dated 16.05.2016, on the ground that there is general and omnibus allegation for opening fire. During investigation also no specific allegation has come against the petitioner and as such the petitioner deserves sympathetic consideration.
The learned A.P.P, on the other hand, submits that postmortem report corroborates the prosecution version. In the facts and circumstances as stated above, considering that there is no specific allegation against the
Patna High Court Cr.Misc. No.20292 of 2017 (3) dt.28-06-2017 2/2 petitioner, the allegations are omnibus and general in nature and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Bhojpur at Ara in Charpokhari P.S. Case No. 83 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T