Patna High CourtCR. APP (SJ)/2642/2019bail granted

Lakshman Sah v. The State Of Bihar

2019-08-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2642 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== LAKSHMAN SAH Son of Mishrilal Shah Resident of Village- Siraahi, P.S.- Riga, District- Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur Mr. Shashank Thakur Mr. Swati Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-08-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 29.05.2019 passed by learned A.D.J.-I, Sitamarhi in Riga P.S. Case No. 324 of 2018 registered under Sections 302, 120(B) and 210/34 of the Indian Penal Code and Sections 3(ii)(v) of the SC/ST Act.

Son of the informant is suspected to have been murdered by the appellant and co-accused Naresh Das over previous animosity taking the deceased from his house. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence.

Patna High Court CR. APP (SJ) No.2642 of 2019(4) dt.22-08-2019 2/2 He has been falsely implicated in the case merely on suspicion. He had no animosity with the deceased. Informant does not happen to be eye witness of the occurrence. Moreover there is no eye witness of the occurrence. There is nothing cogent in the case diary indicating the complicity of the appellant in the occurrence. He has been languishing in custody since 23.01.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I, Sitamarhi in connection with Riga P.S. Case No. 324 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T