Raj Kumar Sah @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81241 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- ISHUPUR BARAHAT DistrictBhagalpur ====================================================== Raj Kumar Sah @ Raj Kumar Son Of Ram Sah R/O Village- Shampur, P.S.- Ishipur (BARAHAT), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 504, 307 and 34 of the Indian Penal Code and later on 302 of IPC was added.

3. As per FIR, informant alleged that her brother-inlaw, namely Santosh Sah (co-accused) stabbed the informant along with her daughter due to which both sustained injuries and later on, the daughter of the informant died during treatment from the said assault. It is further alleged by the informant that this petitioner assisted co-accused in this crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.81241 of 2023(3) dt.19-03-2024 2/2 falsely been implicated in this case. No any specific overt act against the petitioner to assault upon the deceased and her mother by means of knife rather co-accused Santosh Sah stabbed the deceased(informant's daughter). Only allegation against this petitioner is that he assisted co-accused,namely, Santosh Sah. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.08.2023.

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

6. 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 Ishipur (Barahat) P.S. Case No. 117 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 2nd, Bhagalpur.

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