Ram Bali Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48440 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAM BALI SAH, S/O Late Sukhdeo Sah, R/O Village- Nagdah, P.SMuffasil, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Mufassil (Singhoul) P.S. Case No. 354 of 2022 dated 07.07.2022 registered for the offence(s) punishable under Sections 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act and subsequently, Section 302 of the Indian Penal Code was added.
3. The main submissions advanced by petitioner's counsel are that the petitioner is agnate of the informant and living in the same village, but his name did not find place in the FIR and as per the allegation, one person namely, Krishna Paswan came with five unknown persons and committed the
Patna High Court CR. MISC. No.48440 of 2023(2) dt.04-08-2023 2/3 alleged occurrence and when the name of co-accused Krishna Paswan was disclosed, this petitioner's name ought to have been disclosed as he is known to the informant and deceased, but in actual, in between the petitioner and informant a land dispute with regard to partition of ancestral property is running due to which petitioner has been implicated in this case after the institution of FIR. Further submissions are that the petitioner has got no criminal antecedent and moreover co-accused namely, Upendra Sah who is also not named in the FIR and carrying similar nature of allegation has been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No. 73014 of 2022 and on the body of the deceased only one penetrating wound was found which shows that only one gun shot injury was caused to the deceased. Further submission is that the petitioner has been languishing in jail since 30.01.2023 and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the prayer for bail.
5. Considering the above submissions and mainly petitioner's fair antecedent and the completion of investigation against him and also, the facts, that above-mentioned one coaccused carrying similar nature of allegation has been granted
Patna High Court CR. MISC. No.48440 of 2023(2) dt.04-08-2023 3/3 bail and petitioner's name did not find place in the FIR, in my opinion, in the said circumstances petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above 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 concerned Court in connection with Mufassil (Singhoul) P.S. Case No. 354 of 2022.
(Shailendra Singh, J.) Maynaz/- U T