Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52933 of 2023 Arising Out of PS. Case No.-613 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Sah S/O Bajrangi @ Bajrangi Sah R/O Village- Khilvat, Ps. Bidupur, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sharda Kumari, 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 Bidupur P.S. Case No. 613 of 2022 dated 18.11.2022 registered for the offences punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the co-accused persons, Sunita Devi, Parvati Devi and Raj Kumar are alleged to have beaten the informant's brother to death when he went to his Sasural. It is further alleged that the petitioner and the co-accused persons threw his dead body in the river, Ganga.

Patna High Court CR. MISC. No.52933 of 2023(2) dt.25-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of assault is against the family members of the wife of the deceased. The petitioner is the co-villager of the wife of the deceased and the petitioner has no concern with them. The name of the petitioner has surfaced on mere suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.11.2022.

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 above-named, 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, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 613 of 2022.

8. The application stands allowed.

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