Musa Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54462 of 2024 Arising Out of PS. Case No.-282 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Musa Sah Son of Late Jhagaru Sah R/O- VILLAGE- RASMANDAL, P.S.- PIPRA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 302, 120B of the IPC and Section 27 of Arms Act.

3.

The allegation against the petitioner is that he and other co-accused persons murdered the brother of the informant by stabbing with knife and shooting from fire arms. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. There is no allegation against the petitioner to tamper the evidence. Petitioner is aged about 75 years and there

Patna High Court CR. MISC. No.54462 of 2024(2) dt.14-08-2024 2/2 is no specific overt act against him. He submitted that charges have already been framed against the petitioner. He further submitted that similarly situated co-accused persons have been granted bail by this Court vide order dated 02.08.2024 passed in Cr. Misc. No.43446 of 2024. The petitioner has three criminal antecedent and is in judicial custody since 30.03.2024. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, 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/the Successor Court, in connection with Chakia P.S. Case No.282 of 2023.

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