Sushil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7539 of 2020 Arising Out of PS. Case No.-213 Year-2017 Thana- NOKHA District- Rohtas ====================================================== Sushil Kumar Sah Son of Shiv Ji Sah Resident of Village - Amaithi, P.S.- Sanjhauli, Distt.- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Nokha P.S. Case No. 213 of 2017 registered for the offence under Section 302 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. It is submitted that initially on finding of an unknown dead body in a canal which was later on identified to be of one Madan Mohan Sahoo and the case of unnatural death was registered in the yer 2015. The name of the petitioner has been dragged in this case only when his Aadhar Card was found in the vehicle which has fallen in the canal. It is submitted that the petitioner is the son of the owner of the Bolero vehicle in which his Aadhar card has been found. It is further submitted that the owner and driver of the vehicle have been allowed anticipatory bail by a learned co-

Patna High Court CR. MISC. No.7539 of 2020(3) dt.03-03-2020 2/3 ordinate Bench of this Court.

Learned APP has opposed the prayer of anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that initially when one unknown dead body of the deceased was found which was identified as that of one Madan Mohan Sahoo and the case of unnatural death was registered in the year 2015 which has now been converted giving rise to Nokha P.S. Case No. 213 of 2017 under Section 302 IPC, this petitioner is said to be the son of the owner of the Bolero vehicle and only because his Aadhar Card was found in the vehicle which had also fallen in the canal in which the dead body was found, he has been sought to be made accused and further submission is that the owner of the vehicle as well as the driver of the vehicle have been granted anticipatory bail by a learned co-ordinate Bench of this Court in Cr. Misc. No.

61848 of 2018 and Cr. Misc. No.

Patna High Court CR. MISC. No.7539 of 2020(3) dt.03-03-2020 3/3 a period of four weeks from today in connection with Nokha P.S. Case No. 213 of 2017 be released on bail on furnishing of bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Rohtas, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required:

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T