Ranjit Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17051 of 2017 Arising Out of PS.Case No. -549 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Ranjit Sah, son of Late Ram Chandra Sah, Resident of Village- Bagha Ward No.29, P.S.- Lohia Nagar, Dist- Begusarai. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sabal Kumar Jha, Advocate For the Opposite Party : Mr. Sri Ajit Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S Case No. 549 of 2016 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and co-accused Devnandan Sah and Shiv Sah shot in the head of the husband of the informant, resulting, husband of the informant fell down and then other coaccused also opened fire. Submission is of false implication and that there is no specific allegation against the petitioner, the allegations are

Patna High Court Cr.Misc. No.17051 of 2017 (6) dt.23-08-2017 2/2 general and omnibus in nature, due to enmity the petitioner has been implicated in this case, prosecution witnesses have not stated regarding the presence of this petitioner, he is suffering in custody since 23.11.2016 without any fault, he has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner is named in the F.I.R. as assailant and further during postmortem report multiple injuries have been found on the person of the deceased. The trial is at the fag end and only I.O. and doctor are yet to be examined.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Begusarai Town P.S. Case No. 549 of 2016, pending in the court of learned C.J.M., Begusaria.

(Jitendra Mohan Sharma, J) Rajiv/- U T