Patna High CourtCR. MISC./65293/2023allowed

Ashok Sah v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65293 of 2023 Arising Out of PS. Case No.-429 Year-2023 Thana- MAHUA District- Vaishali ====================================================== ASHOK SAH SON OF RAMBILASH SAH @ VILASH SAH VILLAGE RAMPUR SINGHARA, PS MAHUA, DISTRICT VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 325, 326, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of brutally assaulting the informant due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is the son of the informant and the present case has been filed with a view to harass the petitioner. There is general and omnibus allegation against the petitioner rather the specific allegation

Patna High Court CR. MISC. No.65293 of 2023(2) dt.12-10-2023 2/2 against co-accused Manoj Sah. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 11.07.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 429 of 2023. (Sunil Kumar Panwar, J) Arish/- U T