Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79114 of 2018 Arising Out of PS. Case No.-4 Year-2017 Thana- GOPALGANJ GRP CASE DistrictGopalganj ====================================================== Rajesh Sah Son of Chandrika Sah Resident of village - Kala Sukulawa Police Station - Gopalganj Town, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh For the Opposite Party/s :
Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Rail Siwan (Thawe) P.S. Case No. 4 of 2017 registered under Sections 302, 120(B), 307/ 34 of the Indian Penal Code. Petitioner, who happens to be Nandoi (brother-inlaw) of the informant is said to have taken her husband to Thawe on the pretext of calling by Bangali Sah and both petitioner and Bangali Sah hatching conspiracy stabbed to death her husband.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has no concern with the aforesaid occurrence. The relation between the
Patna High Court Cr.Misc. No.79114 of 2018(4) dt.15-02-2019 2/2 petitioner and the informant is cordial as children and the wife of the petitioner is still living in the house of the informant. There is no eye witness of the occurrence. Petitioner has been falsely implicated in this case at the instance of his enemy without any cogent evidence. The petitioner has no criminal antecedent and has been languishing in custody since 14.01.2017. Co-accused Bangali Sah @ Bangali Sha has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 12.09.2018 passed in Cr. Misc. No. 47429 of 2018. On the other hand, learned APP opposed the bail prayer of the petitioner.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VIII, Gopalganj in connection with Rail Siwan (Thawe) P.S. Case No. 4 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T