Rajan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83381 of 2023 Arising Out of PS. Case No.-345 Year-2022 Thana- BHORE District- Gopalganj ====================================================== Rajan Sah Son of Majister Sah, Resident of Village- Rikhaibari Kalyanpur, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the learned APP for the State in Video Conferencing mode. 2.

The petitioner seeks regular bail in connection with Bhore PS Case No. 345 of 2022 dated 20.07.2022, for the offence registered under Section 302/34 of the Indian Penal Code.

3.

The daughter of the informant is alleged to have been killed by the petitioner and others.

4.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the present case. He happens to be the brother of the co-accused Bulet Sah @ Rahul Sah and due to that reason he has been implicated in this case. He further submits that there is no

Patna High Court CR. MISC. No.83381 of 2023(2) dt.18-01-2024 2/2 eyewitness to the alleged occurrence and the allegations against the petitioner are general and omnibus in nature, and after investigation the police has already submitted the charge-sheet against the petitioner in the present case. The petitioner is in judicial custody since 29.09.2023. He lastly submits that a similarly situated co-accused namely, Guddu Sah @ Gudu Khatik @ Khatik has been granted bail by a co-ordinate Bench of this Court vide order dated 22.06.2023 passed in Cr. Misc. No. 8199 of 2023.

5.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. 6.

Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named-above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Bhore PS Case No. 345 of 2022. (Sunil Dutta Mishra, J) Shahnawaz/- U T