Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7814 of 2021 Arising Out of PS. Case No.-227 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== 1.

PRAMOD SAH SON OF MADHUSUDAN SAH VILLAGE AMARATHA, PS KARAKAT, DISTRICT ROHTAS, SASARAM 2.

HARI SAH SON OF MADHUSUDAN SAH VILLAGE AMARATHA, P.S. KARAKAT, DISTT.- ROHTAS, SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms Sucheta Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-04-2021 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Ms. Sucheta Yadav, learned APP for the State through video conferencing.

Petitioners seek regular bail in connection with Karakat P.S. Case No.227 of 2019 registered for the offence under Sections 302/34 of the Indian Penal Code. The allegation as per the First Information Report is that the father-in-law of the informant due to some land dispute with the husband of the informant came along with six unnamed accused persons and put a towel around the neck of the deceased and pulled him down and assaulted the deceased by sharp cutting weapon leading to his death.

Patna High Court CR. MISC. No.7814 of 2021(2) dt.17-04-2021 2/3 Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to village politics and they have not committed any offence in the manner alleged. Learned counsel next submits that from perusal of the first information report, it would be evident that there was a land dispute between son and father and the co-accused Balram Singh is the father of the deceased who allegedly pulled him down by putting a towel around his neck. Learned counsel next submits that Balram Singh has been granted bail by a coordinate Bench of this Court in Cr.Misc.No.71759 of 2019. Learned counsel next submits that police after investigation, submitted final form against the petitioners not sending them for trial. However, learned Magistrate vide its order dated 13.11.2019 differed with the police report and has taken cognizance against the petitioners also.

Having regard to the submissions made by the parties and taking into consideration the material available on record that the police after investigation submitted final form not sending the petitioners for trial and the co-accused Balram Singh, i.e., father of the deceased, has been granted bail by a coordinate Bench of this Court, I am inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.7814 of 2021(2) dt.17-04-2021 3/3 Accordingly, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikaramganj, Rohtas, Sasaram in connection with Karakat P.S. Case No.227 of 2019 corresponding to G.R. No.1376 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) Brajesh Kr./- U T