Binod Sah @ Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56209 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== Binod Sah @ Vinod Sah Son Of Late Sheo Kumar Sah R/O Village- Sonhar, P.S.- Shivsagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard Shri Krishna Prasad Singh, learned senior counsel for the petitioner and Shri Shailendra Kumar, learned A.P.P. for the State.

The petitioner seeks bail in connection with Shivsagar P.S. Case No. 241 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act. Learned senior counsel for the petitioner submits that the petitioner is in custody since 26.07.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned senior counsel for the petitioner submits that the informant alleges that the petitioner along with named accused persons came near the shop of Nawrang Sharma armed with lathi, danda and gun and assaulted the informant and fired from the gun leading to injuries to several persons, also that

Patna High Court CR. MISC. No.56209 of 2021(2) dt.23-02-2022 2/2 Tuntun Singh fired at the informant.

Learned senior counsel for the petitioner submits that from perusal of the allegations as alleged in the F.I.R. it would manifest that this petitioner has not been specifically alleged to have committed any overt act rather the allegations against him are general and omnibus. Learned senior counsel further submits that six co-accused have been granted bail by learned court below vide order dated 18.09.2020 in Bail Petition No. 599 of 2020.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 26.07.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and no specific overt act has been alleged against him, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sasaram in connection with Shivsagar P.S. Case No. 241 of 2020.

(Satyavrat Verma, J) Rishi/- U T