Angaj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73130 of 2022 Arising Out of PS. Case No.-314 Year-2022 Thana- ALOULI District- Khagaria ====================================================== ANGAJ SAH Son of Sulendra Sah Resident of Village- Gadhabanni, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 353, 307/34 of the Indian Penal Code and Sections 25(1B)A/26/27/35 of the Arms Act. As per prosecution case, the informant get information that accused persons including the petitioner were planning to spread terror among people by firing at Raun Chowk. Later on, the police party reached at the place of occurrence, the accused persons started firing upon them and tried to flee away but co-accused Sagun Yadav was apprehended by police in injured condition. Thereafter, from

Patna High Court CR. MISC. No.73130 of 2022(2) dt.20-03-2023 2/3 possession of apprehended person, one country made pistol, eight live cartridges and one motorcycle were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has sprang up in the present case only on the basis of confession made by co-accused Sagun Yadav who was apprehended on spot. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 314 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.73130 of 2022(2) dt.20-03-2023 3/3 learned Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Amandeep/- U T