Jagnath Sah @ Jagannath Sah @ Jagranth Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49104 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== JAGNATH SAH @ JAGANNATH SAH @ JAGRANTH SAH Son of Late Raja Sah Resident of Village-Pipra, P.S.-Darpa, District-East Champaran, Motihari ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 657 of 2022 CIS No. 697/2022 arising out of Rail P.S. Case No. 06 of 2020 registered on 11.05.2020 lodged under Sections 147/148/149/307 and 302 of the IPC and 27 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against five named and five unknown accused persons including the petitioner to whom allegation is of killing the informant's brother by gun shot.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner
Patna High Court CR. MISC. No.49104 of 2023(6) dt.23-02-2024 2/2 is in custody since 06.11.2022 having eleven criminal case pending against him, in which he is acquitted in two cases and rest he is on bail.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of granting bail, antecedent of the petitioner shall also be taken into consideration.
6. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J) Sunnykr/- U