Sarwan Kumar @ Sarwan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84397 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Sarwan Kumar @ Sarwan Sah Son Of Bideshi Sah Resident Of Village - Rashmandal, P.S. - Pipra, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nafisu Zzoha, Advocate For the Opposite Party :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pipra P.S. Case No. 32 of 2024 dated 06.02.2024 registered for the offences punishable u/s 307, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, earlier the petitioner and the co-accused persons committed murder of the informant's brother for which Session Trial No. 282/23 is pending. They started pressurizing to compromise the said case otherwise they would kill the whole family. Thereafter, they fired with an intent to kill which hit the right thigh of the informant's wife under conspiracy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.84397 of 2024(2) dt.04-12-2024 2/2 this case. There is general and omnibus allegation against the petitioner. The occurrence took place on 01.02.2024 but the F.I.R. was lodged on 06.02.204 and there is no explanation for this delay. The informant's wife sustained injury on non vital part of the body. The other co-accused person has already been granted bail by this court vide order dated 07.08.2024 passed in Cr. Misc. No. 50453/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Pipra P.S. Case No. 32 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T