Mitaram Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57723 of 2024 Arising Out of PS. Case No.-368 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mitaram Sah Son of Late Yogendra Sah @ Jaymangal Sah R/O Vill.- Madhubani Ghat, P.s.- Muffasil, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 326, 504, 506 of the Indian Penal Code.
Allegation against the petitioner and other coaccused person threw acid on the face of informant, his brother and his father due to which they sustained injuries.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.57723 of 2024(2) dt.08-08-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is land dispute between the parties. From perusal of injury report (as mentioned in impugned order), it appears that the injury sustained by the injured persons are simple in nature. Moreover, the petitioner is languishing in judicial custody since 06.06.2024. Similarly situated co-accused Pramod Sah has already been granted bail vide order dated 16.01.2024, passed in Cr. Misc. No. 70144 of 2023 by this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 368 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.57723 of 2024(2) dt.08-08-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) Nirajkrs/- U T