Savir Sah @ Shabir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65545 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== SAVIR SAH @ SHABIR SAH S/O AKHTAR HUSSAIN R/O VILLAGERAHIS, PS. PAKRI BARAWAN, DIST. NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Section 37 of the Bihar Prohibition & Excise Act.

3. As per prosecution case, the informant alleged that the petitioner along with other co-accused persons came at his house and started assaulting the father of the informant by kick and fists due to which he became unconscious. When the injured was brought at hospital where doctor declared him dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it

Patna High Court CR. MISC. No.65545 of 2023(2) dt.17-10-2023 2/2 appears that general and omnibus allegation of assaulting has been leveled against the petitioner. The postmortem report of the deceased which is annexed as Annexure-2, does not inconsonance with the prosecution case. The petitioner has got no criminal antecedent and languishing in judicial custody since 1.7.2023. Similarly situated co-accused Akhat Hussain was already enlarged on bail granted by this court vide order dt. 18.9.2023 passed in Cr. Misc. No. 52727 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandradeep P.S. Case No. 45 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui.

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