Patna High CourtCR. MISC./43694/2024bail granted

Raju Sah @ Raju Saw v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43694 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Raju Sah @ Raju Saw s/o Mahesh Sah @ Mahesh Saw R/o Sangrampur, P.S. - Hanwara, Distt. - Godda at Prasant R/vill - Ishakchak, P.S. - Ishakchak, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Mrityunjay Kumar Mishra, Advocate Mr. Ranjan Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP for the State and Mr. Mrityunjay Kumar Mishra, learned counsel for the informant.

2. The petitioner seeks bail in connection with S.T. No. 260 of 2024, arising out of Ishakchak P.S. Case No. 228 of 2023, instituted for the offences punishable under Sections 302, 363 and 120-B of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner called the son of the informant and took him from his house. On

Patna High Court CR. MISC. No.43694 of 2024(4) dt.26-10-2024 2/3 the next day, the petitioner, who was in injured condition brought the dead body of the son of the informant in a tempo.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner took away the deceased to visit in a fair where the deceased became ill so the petitioner brought him at his home and thereafter her further took the deceased to the hospital. The petitioner is in custody since 23.11.2023 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.43694 of 2024(4) dt.26-10-2024 3/3 below/concerned Court in connection with S.T. No. 260 of 2024, arising out of Ishakchak P.S. Case No. 228 of 2023, (Rudra Prakash Mishra, J) Rajorshi/- U T