Arjun Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49031 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- JADIA District- Supaul ====================================================== Arjun Sah S/O Chhutaharu Sah R/O Village-Khund Koria Patti West,P.S.- Jadiya,Distt- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Jha, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jadiya P.S. Case No. 141/2023 dated 29.05.2023 registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 120B, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant and his brothers Umesh Sah, Bharat Sah and Dinesh Sah were talking at Bhagwati Stahn Chowk. Meanwhile, all the accused persons including the petitioner and some unknown came and surrounded them. The co-accused Narayan Sah fired bullet on the informant but it was missed. Thereafter, he assaulted on the
Patna High Court CR. MISC. No.49031 of 2024(2) dt.01-08-2024 2/3 informant's head with the butt of his gun. When the informant's brother Umesh Sah came to save him, the co-accused Sadanand Sah fired on his stomach and the co-accused Ramanand Sah also fired in his rib cage. The co-accused Dalo Sah @ Lakhan Sah also fired back of his shoulder, while the co-accused Ranjan Sah fired on his back, when Bharat Sah came to rescue, Jai Prakash Yadav fired on his left hand and the co-accused Naresh also assaulted Bharat Sah with three-nut.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted bail by this court vide order dated 06.03.2024 passed in Cr. Misc. No. 2991/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2024 as per the impugned order.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.49031 of 2024(2) dt.01-08-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Jadiya P.S. Case No. 141/2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T