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Patna High CourtCR. MISC./70078/2018bail granted

Akash Sah v. The State Of Bihar

2019-01-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70078 of 2018 Arising Out of PS. Case No.-387 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Akash Sah Son of Anil Sah Resident of Village-Sardarpur Road,NathNagar,P.S. Nath Nagar,Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nath Nagar P.S. Case No. 387 of 2018 for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the deceased having been accosted by the petitioner, who happens to be a close friend of the petitioner, to a place where some persons were performing function and at that place somebody shot at the deceased whereafter the petitioner is said to have taken the deceased for treatment in the hospital and the petitioner also became unconscious.

The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.70078 of 2018(4) dt.10-01-2019 2/2 petitioner is innocent and there is no evidence on record to suggest his complicity in the alleged murder of the deceased Shankar Yadav. It is further submitted that during investigation it has been found that one Jyotish Yadav had shot the deceased leading to his death. Lastly, it is submitted that the petitioner is having a fair antecedent apart from one case in which he is on bail. The petitioner is languishing in custody since 21.06.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Bhagalpur in connection with Nath Nagar P.S. Case No. 387 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T