Patna High CourtCR. MISC./82158/2023allowed

Harishankar Sah v. The State Of Bihar

2024-01-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82158 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- SISWAN District- Siwan ====================================================== Harishankar Sah Son of Late Dal Singar Sah @ Dalshingar Shah, Resident of Village - Asar, P.S. - Siswan, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Siswan P.S. Case No.247 of 2023, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, in the night of 12/13.09.2023 when the deceased was sleeping at his door on a coat then the petitioner alongwith other accused persons had killed the deceased by means of spade to hit at his head due to land dispute.

4. Learned counsel for the petitioner submits that the petitioner is the son of deceased. He further submits that petitioner is aged about 70 - 80 years old. He also submits that there is no eye witness to the occurrence and on the basis of

Patna High Court CR. MISC. No.82158 of 2023(2) dt.09-01-2024 2/2 suspicion the informant has alleged that the petitioner is an order giver. Learned counsel submits that the petitioner has no criminal antecedent and he is in judicial custody since 14.09.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Judicial Magistrate-1st Class, Siwan in connection with Siswan P.S. Case No.247 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T