Bansi Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79210 of 2023 Arising Out of PS. Case No.-185 Year-2020 Thana- SALAKHUA District- Saharsa ====================================================== Bansi Sada Son Of Jag Narayan Sada R/O Village- Sonbarsa Tola, P.S.- Bakhtiyarpur (O.P.- Koparia), District- Saharsa (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Anand For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the F.I.R., when the father of the informant sat at her door, all three accused persons and 20-25 unknown persons came from Sonvarsa Tola and started abusing for fishing and on protest all the accused persons started firing on her father and firing touched and acrossed by state of the leg and head of her father and her father fall down in injured condition. Thereafter, the villagers came there and after seeing them the accused persons fled away.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.79210 of 2023(2) dt.08-12-2023 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The F.I.R. has been lodged after the inordinate delay of 7 days. There is only general and omnibus allegation against the petitioner and no specific overt act of firing has been attributed against the petitioner. He is only member of mob. It is further submitted that good sense has been prevailed between the parties and compromise petition is annexed as Annexure-2 to this petition. Petitioner is languishing in judicial custody since 27.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Saharsa in connection with Salkhua P.S. Case No.185 of 2020.

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