Fulena Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59926 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Fulena Sah son of Late Mahanth Sah village- Shaympur, Noniya toli, PsUchkagaw, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S. Tr. No. 96 of 2024 arising out of Uchkagaw P.S. Case No. 261 of 2023, lodged on 13.07.2023, under Section 341, 323, 307, 302, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been filed against 5 named including the present petitioner and 4-5 unknown accused persons against whom there is an allegation that he stabbed on the body of the informant's husband.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the specific allegation is against the co-accused, namely, Ajay Sah that he has assaulted by iron rod on the head
Patna High Court CR. MISC. No.59926 of 2024(2) dt.04-09-2024 2/2 of the informant's husband and from the post mortem report it transpires that death has caused due to injury taken place on the head. Counsel submits that the injury caused by the petitioner is by knife which is not the cause of the death. Counsel submits that the petitioner is in custody since 07.10.2023 having no criminal antecedent.
4. Learned counsel for the State opposes the prayer for bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeXII, Gopalganj, in connection with S. Tr. No. 96 of 2024 arising out of Uchkagaw P.S. Case No. 261 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J.) Aman Kumar/- U T