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Patna High CourtCR. MISC./63276/2023allowed

Govind Sah v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63276 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- JADIA District- Supaul ====================================================== Govind Sah S/O Sri Satyanarayan Sah R/O Village- Chaughara, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Arvind Kumar Pandey(App84) For the Informant Mrs. Meena Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 120(B), 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, while the informant and his brothers were at Bhagwati Sthan Chowk, about 20 miscreants including the petitioner surrounded him and they opened fire. Accused Narayan Sah opened fire at the informant and when his brother Umesh Sah came there to rescue him, he was also assaulted by Sadanad Sah which hit his stomach and rib cage. Accused Dalo Saho opened Fire his hit Umesh Sah on

Patna High Court CR. MISC. No.63276 of 2023(3) dt.13-12-2023 2/2 his back of shoulder and accused Ranjan Sah fired bullet on his back. After gathering of local people, they managed to escape.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific allegation of firing is against seven other accused persons and not against the petitioner. Petitioner was not present at the place of occurrence. General and omnibus allegation has been levelled against the petitioner. Petitioner is languishing in judicial custody since 29.5.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMII, Supaul in connection with Jadia P.S. Case No. 141 of 2023. (Sunil Kumar Panwar, J) sushma/- U