Pawan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58937 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Pawan Sah S/O Surendra Sah R/O Village- Bhawanipur (MATWA Ram Tola, Ps. Sangrampur, Dist. East Champaran 2.
Jagat Sah S/O Satyadeo Sah R/O Village- Bhawanipur (MATWA Ram Tola, Ps. Sangrampur, Dist. East Champaran 3.
Bhupendra Sah S/O Satyadeo Sah R/O Village- Bhawanipur (MATWA Ram Tola, Ps. Sangrampur, Dist. East Champaran ... ... 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.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Sangarampur P.S. Case No.154/2021, lodged on 29.06.2021 under Sections 302/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 13 named and 15-20 unknown accused persons alleging therein that they surrounded the informant's son and after tiding his leg and hands assaulted him by means of lathi, as a result of which, the son of the informant succumbed to the injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.58937 of 2023(3) dt.08-11-2023 2/3 from the post mortem report which is available in the case diary it appears that only three injuries have been found on the person of the deceased. He further submits that the antecedent of the petitioners are clean and they are in custody since 15.06.2023. The Chargesheet has already been submitted and similarly situated co-accused, namely, Satyendra Sah has been granted bail by a co-ordinate Bench of this Court vide order dated 17.05.2022 passed in Criminal Miscellaneous No. 6158/2022.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari, in connection with Sangarampur P.S. Case No. 154/2021, subject to the as laid down under section 437(3) Cr.P.C as well as following conditions: (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.58937 of 2023(3) dt.08-11-2023 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T