Parma Sah @ Prama Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37556 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Prabhu Sah S/O Buni Sah R/O Villagde- Sataha, P.S.- Paharpur, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45691 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Parma Sah @ Prama Sah Son of Late Bunni Sah Resident of Village - Sathan, Kachahari Tola, P.S. - Paharpur, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 37556 of 2024) For the Petitioner/s :
Mr.Vikash Kumar Shukla, Adv For the Opposite Party/s :
Mr.Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 45691 of 2024) For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Yadopur P.S. Case No. 318/2023 lodged on 28.12.2023 under Section 302, 201, 34 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged
Patna High Court CR. MISC. No.37556 of 2024(5) dt.28-08-2024 2/3 against four named accused persons including the present petitioners to whom there is an allegation that petitioners along other accused persons had killed his own daughter and threw into the river.
4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. Counsel also submits that that the name of the petitioners have been figured in this case only due to dirty village politics. Counsel further submits that the criminal antecedent of the petitioners are clean and they are in custody since 29.12.2023. He further submits that one of the co-accused has been granted bail vide order dated 31.07.2024 passed in Cr. Misc. No. 40962 of 2024.
5. Learned APP for the State opposes the prayer for bail but on the other hand submits that from the case diary it transpires that there is conspiracy against the petitioners.
6. Upon specific query made by this Court that whether charge has been framed in this case or not, counsel submits that as per his knowledge charge has already been framed.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named by granted bail after framing of charge, if the charge is
Patna High Court CR. MISC. No.37556 of 2024(5) dt.28-08-2024 3/3 not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 4th Gopalganj in connection with Yadopur P.S. Case No. 318/2023 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U