Patna High CourtCR. MISC./72462/2024bail granted

Pappu Sah v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72462 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Pappu Sah Son of Rajo Sah Resident of Village- Pachhatra, PS -Chautham, District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Chautham P.S. Case No. 85 of 2024, G.R. No. 832A of 2024 instituted for the offences punishable under Sections 447, 341, 323, 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons armed with country made rifle and pistol started abusing the informant and his brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel

Patna High Court CR. MISC. No.72462 of 2024(3) dt.26-10-2024 2/2 further submitted that general and omnibus allegation has been made against the petitioner. The specific allegation of firing is attributed to one Sanjay Sah, who has already been granted bail by this Bench vide order dated 25.09.2024 passed in Cr. Misc. No. 46017 of 2024. There is case and counter case between the parties. The petitioner is in custody since 20.06.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chautham P.S. Case No. 85 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T