Saheb Rai @ Saheb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56041 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Saheb Rai @ Saheb Kumar Son Of Ramadhar Ray Resident Of VillageBasudeopur Mushahari Tola, P.S- Sahebganj District Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62316 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ruplal Ray S/O Amrika Ray R/O Village- Madhopur Hazari, Ps. Sahebganj, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 56041 of 2023) For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Kalyan Shankar (In CRIMINAL MISCELLANEOUS No. 62316 of 2023) For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and

Patna High Court CR. MISC. No.56041 of 2023(4) dt.11-12-2023 2/3 Section 27 of the Arms Act.

It is alleged against the petitioners that they caught hold the husband of the informant and coaccused Sanoj Kumar and Awadhesh shot fire upon the victim, as a result of which, the husband of the informant received gunshot injuries and died. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. It is only alleged against the petitioners that they caught hold the deceased whereas it is specifically alleged that coaccused Sanoj Kumar and Awadhesh shot fire at the deceased, as a result of which, he died due to gunshot injuries. There is no independent eye witnesses to the occurrence and all the witnesses are interested witnesses. Moreover, there is land dispute between petitioner Ruplal Rai and father of the deceased. The petitioners are languishing in custody since 13.12.2022 26.06.2023 respectively.

Patna High Court CR. MISC. No.56041 of 2023(4) dt.11-12-2023 3/3 In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned 11th Additional Sessions Judge, Muzaffarpur/Judicial Magistrate, 1st Class, Muzaffarpur in connection with Sahebganj P.S. Case No. 547 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T