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Patna High CourtCR. MISC./44505/2024allowed

Md. Salim Sah v. The State Of Bihar

2024-07-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44505 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== Md. Salim Sah S/o Md. Jalil Sah @ Jalil Sah R/O village- Meenapur Balaha, P.S. - Piprahi, Distt. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 504/34 of the Indian Penal Code. Allegation against the petitioner and coaccused persons is that over a petty dispute, they began to abuse and assaulted informant's mother due to which she succumbed to injuries during the course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner is innocent

Patna High Court CR. MISC. No.44505 of 2024(2) dt.19-07-2024 2/3 and he has committed no offence. He has falsely been implicated in the present case due to previous enmity. Both parties are agnates. There is general and omnibus allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 26.04.2024. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated several co-accused persons have been granted bail vide order dated 21.03.2024, passed in Cr. Misc. No. 3899 of 2024 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Piprahi P.S. Case No. 186 of 2023 on

Patna High Court CR. MISC. No.44505 of 2024(2) dt.19-07-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheohar.

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