Kirani Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68503 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- MANSI District- Khagaria ====================================================== 1.

KIRANI SAH Son of Baso Sah R/o Village - Rohiyar, P.S. - Mansi, District - Khagaria.

2.

Julush Sah Son of Baso Sah R/o Village - Rohiyar, P.S. - Mansi, District - Khagaria.

3.

Budhiyar Sah Son of Baso Sah R/o Village - Rohiyar, P.S. - Mansi, District - Khagaria.

4.

Sentu Paswan S/o Lal Mohar Paswan R/o Village - Rohiyar, P.S. - Mansi, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. All the accused persons along with the petitioners surrounded the son of the informant and the co-accused Gulshan Yadav fired upon him causing injury on the chest and also coaccused Vikash Sah fired on his leg and other co-accused persons 4-5 in number also indiscriminately fired. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that specific allegation is against co-accused

Patna High Court CR. MISC. No.68503 of 2021(3) dt.08-08-2022 2/2 Gulshan Yadav and Vikash Sah due to which the informant's son sustained injury. Petitioner no.1 is order giver and other petitioners also fired. From perusal of the postmortem report, it appears that there are interim wounds around the chest and the cause of death is due to fire arm injuries. He further submits that specific allegation of firing is against co-accused Gulshan Yadav and Vikash Sah and not against these petitioners. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Mansi P.S. Case No. 201 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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