Kedar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3623 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== KEDAR SAH Son of Sri Dhrup Sah Resident of Village- Puraina Gosai Tola, P.S.- Chanpatia, Distt- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Shyam Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

The allegation against the petitioner is that he in association of other co-accused has killed the brother of the informant and threw the dead body in the water. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No motive for commission of the alleged offence has been assigned in the FIR. There is no eye witness of the alleged occurrence. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.3623 of 2021(3) dt.13-04-2021 2/2 general and omnibus in nature. There is inordinate delay of two days in lodging the FIR without assigning any plausible and cogent reason for the same. None of the witness has supported the prosecution case. The petitioner has no criminal antecedent and has been languishing in custody since 03.05.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chanpatia P.S. Case No.182 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T