Asharfi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68511 of 2021 Arising Out of PS. Case No.-51 Year-2014 Thana- DEWARIA District- Muzaffarpur ====================================================== ASHARFI SAH Son of Late Basudeo Sah Resident of Village - Brindaban, P.S.- Kalyanpur, Distt.- Mohihari (West Champaran). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 364 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.08.2021, is a person with clean antecedent and charge-sheet has been submitted. The allegation in the FIR is that four named accused persons took the mother of the informant for registration of a land for which she took Rs.2,00,000/- and went to Dewariya and from there she called the informant on his mobile and informed that she reached Dewariya. Thereafter, she did not reach and

Patna High Court CR. MISC. No.68511 of 2021(2) dt.21-04-2022 2/2 later on a call came informing the informant that his mother has been murdered.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case based on suspicion. Petitioner is not named in the FIR and the thrust of the allegation in the FIR is against the named accused persons. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 09.08.2021, is a person with clean antecedent, chargesheet has been submitted and is not named in the FIR, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dewariya P.S. Case No. 51 of 2014.

(Satyavrat Verma, J) Kundan/- U T