Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3898 of 2024 Arising Out of PS. Case No.-610 Year-2022 Thana- BHORE District- Gopalganj ====================================================== 1.
Manoj Sah S/o- Late Sukhdeo Sah R/o- Satgaon Railway Colony, P.S - Satgaon, Dist- Kamrup (Assam) 2.
Sonu Sah S/o- Late Sukhdeo Sah R/o- Satgaon Railway Colony, P.SSatgaon, Dist- Kamrup(Assam) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepankar Raj, Adv.
For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Bhore P.S. Case No. 610 of 2022 instituted for the offences under Sections 147, 148, 149, 436, 341, 379, 380, 427, 504 of the Indian Penal Code and Section 25(1-b)a 26/35 of the Arms Act.
3. As per prosecution case, on 27.12.2022 at about 9.00 P.M. in the night, when the Informant along with his family members was sleeping in his hut then suddenly, the petitioners along with other accused persons with various weapons arrived there and started firing as also abusing them with filthy languages. When the wife of the Informant came out, the
Patna High Court CR. MISC. No.3898 of 2024(2) dt.30-01-2024 2/3 accused/Pawan Verma fired from his gun and when she tried to flee away then the co-accused/Panakj Verma along with his associates caught the Informant and his wife and kept them on the gun point. The accused persons entered into the house of the Informant and accused/Ramesh Sah took away box and suitcase containing Sari, clothes etc. worth about Rs. 18,000/- and Rs. 1,20,000/- kept in the suit case. Thereafter, on the order given by the accused/Pawan Verma, Manoj Sah and Sonu Sah (both petitioners in this case) set the Palani at fire. It is also alleged that the petitioner/Manoj Sah poured petrol on Palani and the petitioner/Sonu Sah put the Palani at fire by lighting matchstick.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. He further submits that there is no injury found on the body of the Informant and his wife. He further submits that nothing incriminating has been recovered from the possession of the petitioners. The allegation made against the petitioners is general and omnibus. Charge-sheet has been submitted in this case and the petitioners are languishing in judicial custody since 19.09.2023. The petitioners have no criminal antecedent.
5. Learned counsel for the petitioners further submits that the co-accused/Pawan Verma has already been granted bail
Patna High Court CR. MISC. No.3898 of 2024(2) dt.30-01-2024 3/3 by a Co-ordinate Bench of this Court vide order dated 12.09.2023 passed in Cr .Misc. No. 61395 of 2023. He further submits that another co-accused Pankaj Verma has also been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 80360 of 2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the period of custody as also the petitioners having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhore P.S. Case No. 610 of 2022. (Rudra Prakash Mishra, J) rishi/- U T