Ram Balak Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1730 of 2022 Arising Out of PS. Case No.-73 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== RAM BALAK SAH SON OF RAM BILASH SAH R/O VILLAGE- GISARA TOLE MUSHARI, P.S.- PARSAUNI, DIST.- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, three unknown accused persons killed the father of the informant while he was having his morning walk.
It is submitted by learned counsel for the petitioner that the FIR was registered against three named and three unknown accused persons. The petitioner was not named in the FIR. Referring to the order of the leaned trial Court it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of a non FIR accused namely Shatrughan Kumar recorded in paragraph no.58 of the
Patna High Court CR. MISC. No.1730 of 2022(2) dt.09-06-2022 2/2 case diary. The said Shatrughan Kumar has been enlarged vide order dated 26.10.2021 passed in Cr. Misc. No. 28445 of 2021. He is in custody since 28.9.2021 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the grant of bail to the coaccused Shatrughan Kumar on whose confessional statement before the police, the name of the petitioner transpired together with the petitioner having remained in custody for 8 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Parsauni P.S. Case no. 73 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi.
(Partha Sarthy, J) Bibhash/- U