Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80851 of 2019 Arising Out of PS. Case No.-15 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== DINESH SAH Son of Jai Narayan Sahu Resident of Village - Rampur, P.S.- Bakhri, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 307, 504, 506, 427, 34 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of Explosive Substance Act.

The prosecution case in short is that the accused persons opened fire at the poultry farm of the informant and caused damage to the property.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.7.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. None is said to have

Patna High Court CR. MISC. No.80851 of 2019(2) dt.10-12-2019 2/2 been injured in course of occurrence. There was no intention to commit murder. The name of the petitioner had transpired on the basis of disclosure made by co-accused Chandan Kumar. Except for this, there is no other substantive evidence to suggest his implication in the present case. Other co-accused has been granted bail vide order dated 1.5.2019 passed in Cr. Misc. No. 25737 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S. Case No. 15/2018.

(Sudhir Singh, J) Pankaj/- U T