Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66033 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Deepak Sah Son of Lalo Sah Resident of Village - Navtoliya Atapur, Ward No.8, P.S. - Hasanpur, District - Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-01-2025 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Hasanpur P.S. Case No. 45 of 2024 for the offences punishable under Sections 143, 307, 302, 506 of the Indian Penal Code.

3. As per allegation, 12 named accused persons and 5-6 unknown persons, variously armed with lethal weapons encircled the house of the informant and started assaulting her husband, as a result of which, he fell on the ground. The husband of the informant rushed to the hospital in a precarious condition where he was declared dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the allegation is general and omnibus. He has also submitted that there is allegation against 6

Patna High Court CR. MISC. No.66033 of 2024(4) dt.29-01-2025 2/2 persons of assaulting the deceased but only one injury on the head of the deceased was found. He has next submitted that the petitioner is a person of clean antecedent and under custody since 19.04.2024.

5. On the other hand, the learned APP for the State and learned counsel for the informant have opposed the prayer for bail and submitted that the petitioner assaulted the deceased, resulting into his death.

6. The allegation is general and omnibus and only one injury was found on the person of the deceased whereas there is allegation that 6 persons including the petitioner assaulted the deceased.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Rosera in connection with Hasanpur P.S. Case No. 45 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T