Patna High CourtCR. MISC./65737/2018bail granted

Prem Sagar v. The State Of Bihar

2018-11-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65737 of 2018 Arising Out of PS. Case No.-717 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Prem Sagar, Son of Pramod Kumar @ Pramod Kumar Roy, Resident of Mohalla- Gotam Nagar Ward No.13, Gangjala, P.S.- Saharsa, Dist- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Saharsa Sadar P.S. Case No. 717 of 2018 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 302 and 506 of the Indian Penal Code and Section 27 of Arms Act.

Informant who is the brother of the deceased has alleged that when he along with his brother were going by motorcycle, petitioner along with other co-accused stopped them near Koshi Chouk and started assaulting them with fist, slap and belt. Thereafter co-accused Babu Sharma fired on his brother which hit on the neck of his brother as a result of which he fell down and died.

Patna High Court Cr.Misc. No.65737 of 2018(2) dt.06-11-2018 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. Allegation against petitioner is general and omnibus in nature. There is no direct allegation against the petitioner. Specific allegation against co-accused Babu Sharma is of firing on the brother of informant. He is in custody since 25.06.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 717 of 2018.

(S. Kumar, J) Rajiv/ManojU T