Patna High CourtCR. MISC./81244/2023bail granted

Shatrughan Sah v. The State Of Bihar

2023-12-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81244 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Shatrughan Sah Son Of Kishori Sah R/O Village- Sisauni, P.S.- Harlakhi, Dist.- Madhubani ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Harlakhi P.S. case No. 109 of 2023 instituted for the offences under Section 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. Prosecution allegation, in short, is that the uncle of the informant was sleeping outside the house, the accused persons including the petitioner came and co-accused fired at his uncle of the informant due to which he sustained injury.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.07.2023 and has one criminal antecedent. Charge-sheet has been submitted in this

Patna High Court CR. MISC. No.81244 of 2023(2) dt.22-12-2023 2/2 case. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. Special allegation of firing is made against coaccused Sujit Thakur.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Harlakhi P.S. case No. 109 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T