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Patna High CourtCR. MISC./53216/2023bail granted

Lallu Sah @ Krishna Kumar Sah v. The State Of Bihar

2023-08-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53216 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- DINARA District- Rohtas ====================================================== Lallu Sah @ Krishna Kumar Sah, Son Of Vijay Sah Resident Of VillageDaidaha, Ps- Dinara, Dist- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Dinara (Bhanas) P.S. Case No. 432 of 2022 dated 20.11.2022 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code, u/s 27 of the Arms Act and later on Section 120B of the Indian Penal Code was added.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have surrounded the father of

Patna High Court CR. MISC. No.53216 of 2023(2) dt.25-08-2023 2/3 the informant and the co-accused Ramakant Sah fired two rounds from his pistol on the chest of his father due to which he fell down from his motorcycle and the mother of the informant anyhow managed a Maruti Car and took him to Kochas Hospital where the informant's father was declared dead.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is specific allegation of firing against the co-accused, Ramakant Sah. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 23.05.2023 passed in Cr. Misc. No. 25291 of 2023. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bikramganj in connection with Dinara (Bhanas) P.S.

Patna High Court CR. MISC. No.53216 of 2023(2) dt.25-08-2023 3/3 Case No. 432 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T