Dharmendra Sah @ Devendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67804 of 2022 Arising Out of PS. Case No.-134 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Dharmendra Sah @ Devendra Sah Son Of Ganeshi Sah R/O VillageHariraha, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Adv.
For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-02-2023 Heard Mr. Baleshwar Kamat, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecutor for the State. The petitioner seeks regular bail, who is in custody in connection with Laukaha P.S. Case No. 134 of 2020 registered inter alia for the offence punishable under Section 302 of the Indian Penal Code.
It is alleged by the informant that fourteen named accused persons variously armed with came and surrounded the father of the informant and made indiscriminate firing due to which, the father of the informant died.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the FIR, however, his name has transpired on the confessional statement
Patna High Court CR. MISC. No.67804 of 2022(2) dt.27-02-2023 2/3 of co-accused Surendra Yadav, who has already been enlarged on bail by this Court vide order dated 11.07.2022 passed in Cr. Misc. No. 37056 of 2021. He further submits that even as per the allegation, the informant is not an eyewitness to the alleged occurrence and he heard only two sounds of firing and, during the course of postmortem, only one bullet injury has been found on the person of the deceased. He further drawn the attention of this Court to the orders passed by the learned Co-ordinate Benches of this Court, whereby the other co-accused persons have been allowed the privilege of bail as contained in Annexure-2 series. He lastly submits that the petitioner is in custody since 06.08.2022, having fair antecedent. On the other hand, learned counsel for the State opposes the bail application.
Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the name of the petitioner transpired on the confessional statement of co-accused person and, save and except confessional statement, there is no material, apart from the other co-accused persons have been allowed the privilege of bail, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.67804 of 2022(2) dt.27-02-2023 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, District-Madhubani in connection with Laukaha P.S. Case No. 134 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) rohit/- U T