Shailendra Kumar @ Rameshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52064 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- BELA District- Sitamarhi ====================================================== 1.

Shailendra Kumar, Son of Ram Ashish Sah @Ram Ashish Prasad,Resident Of Village - Vishunupur Tole Teliyahi, P.S. - Bela, District - Sitamarhi 2.

Rajeshwar Sah @ Rameshwar Sah Son Of Nathuni Sah Resident Of Village - Vishunupur Tole Teliyahi, P.S. - Bela, District - Sitamarhi 3.

Shashikant Kumar @ Shashikant Sah Son Of Kameshwar Sah Resident Of Village - Vishunupur Tole Teliyahi, P.S. - Bela, District - Sitamarhi 4.

Anil Kumar Son Of Shatrughan Sah Resident Of Village - Vishunupur Tole Teliyahi, P.S. - Bela, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of commission of murder to the informant's brother, namely, Narendra Kumar by gunshot injury by several accused persons including the petitioners. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case.

Patna High Court CR. MISC. No.52064 of 2023(2) dt.28-08-2023 2/2 Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioners dragged in the present case. No consistent material has come against the petitioners to show their involvement in the present case. After investigation, final form has been submitted against the petitioners and they have not been sent up for trial. Petitioners have got no criminal antecedent and they are languishing in judicial custody since 17.5.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ADJ XII, Sitamarhi in connection with Bela PS Case No. 53 of 2021.

(Sunil Kumar Panwar, J) lata/- U T