Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47796 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== Santosh Sah Son Of Ram Bali Sah Resident of village - Maudah, P.S.- Sahiyara, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Section 307/34 and other allied sections of the Indian Penal Code.

As per prosecution case, 12 FIR named accused persons including this petitioner is alleged to have beaten up a thief as a result of which he died during course of treatment after 4 days of alleged occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has been made accused in the present case only on the basis of suspicion. There is no eye witness of the occurrence. Petitioner has got clean antecedent. Learned counsel for the State opposes the prayer for bail application submitting that petitioner is named in the FIR

Patna High Court CR. MISC. No.47796 of 2022(2) dt.13-12-2022 2/2 and that he along with other accused persons brutally assaulted the theif causing his death.

Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Navya/- U T