Tarkeshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55310 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Tarkeshwar Sah Son Of Late Rameshwar Sah Resident Of Village - Deoria, P.S. - Revilganj, District - Saran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Verma, Advocate For the Informant/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Revilganj P.S. Case No. 419 of 2022 dated 17.12.2022, instituted for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of Arms Act.

3. The allegation against the petitioner is that he along with other accused persons have hired some criminals and under a conspiracy killed the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the name of the petitioner has come in the F.I.R. only on the basis of suspicion. It is further

Patna High Court CR. MISC. No.55310 of 2023(2) dt.30-08-2023 2/2 submitted that there is a land dispute between the parties and there is no specific allegation against the petitioner. Learned counsel further submitted that a similarly situated co-accused namely Raj Kishore Sah has been granted bail vide order dated 07.08.2023 passed in Criminal Miscellaneous No. 38244 of 2023 by a Co-ordinate Bench of this Court. Lastly, it has been submitted that the petitioner is in custody since 12.06.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Chapra Saran in Revilganj P.S. Case No. 419 of 2022 (Khatim Reza, J) sankalp/- U T