Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5852 of 2020 Arising Out of PS. Case No.-141 Year-2019 Thana- JADIA District- Supaul ====================================================== ANIL SAH, Son of Dukha Sah Resident of Village - Heera Patti, P.S.- Jadia, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Choudhary, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 450, 341, 342, 326, 307, 120(B), 302 of the Indian Penal Code and Section 27 of Arms Act.

Informant who is wife of the deceased has stated that on 08.08.2019 in the morning seven persons on two motorcycles came and fired upon her husband, as a result of which her husband died.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court CR. MISC. No.5852 of 2020(5) dt.01-06-2020 2/3 dirty village politics. Petitioner is neither named in F.I.R. nor put on T.I.P. Petitioner has been implicated in this case on the basis of his confessional statement and except his confessional statement there is no other incriminating material against him. Similarly situated co-accused Deepak Kumar @ Deepak Kumar Yadav has been granted bail by co-ordinate bench of this court vide order dated 19.03.2020 passed in Cr. Misc. No. 69782 of 2019. Petitioner is in custody since 19.08.2019 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jadia P.S. Case No. 141 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without

Patna High Court CR. MISC. No.5852 of 2020(5) dt.01-06-2020 3/3 proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T