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Patna High CourtCR. MISC./45215/2022allowed

Amit Sah v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55450 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== Mahesh Sah Son Of Late Kasinath Sah R/O Village- Osain, P.S.- Bihiyan, Distt.- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45215 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== 1.

AMIT SAH Son of Laxman Sah Resident of Vill. - Ossai, P.S.- Bihiya, Dist.- Bhojpur.

2.

Sushil Sah Son of Laxman Sah Resident of Vill. - Ossai, P.S.- Bihiya, Dist.- Bhojpur.

3.

Laxman Sah Son of Late Bishwanath Sah Resident of Vill. - Ossai, P.S.- Bihiya, Dist.- Bhojpur.

4.

Om Prakash Sah Son of Late Bishwanath Sah Resident of Vill. - Ossai, P.S.- Bihiya, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55450 of 2022) For the Petitioner/s :

Mr.Rajeev Ranjan No.II Mr. Pranav Kumar Mr. Priyanka Kumari For the Opposite Party/s :

Mr.Navin Kumar Pandey For the Informant :

Mr. Raju Kr. Singh (In CRIMINAL MISCELLANEOUS No. 45215 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

Patna High Court CR. MISC. No.55450 of 2022(3) dt.02-02-2023 2/3 The petitioner has filed the instant application for grant of regular bail in connection with Bihiyan P.S. Case No. 73 of 2022 registered under Sections 302 and 34 of the Indian Penal Code.

Prosecution case in short is that the father of the informant went missing and after search the dead body of the deceased has been found near mango orchard.

Learned counsel for the petitioners submits that petitioner are innocent and have committed no offence. It is further submitted that the petitioners have falsely been implicated in this present case due to existing land dispute and previous enmity. It is next submitted that there is no direct evidence against the petitioners and also general and omnibus allegation against them. There is no specific allegation of commission of murder on the petitioners. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. They are languishing in judicial custody since 04.03.2022.

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the

Patna High Court CR. MISC. No.55450 of 2022(3) dt.02-02-2023 3/3 case, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bihiyan P.S. Case No. 73 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Bhojpur at Ara.

(Sunil Kumar Panwar, J) shubham/- U