Mukti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8031 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mukti Sah, Son Of Late Pannalal Sah, Resident Of Village- Naurangiya, PsLakhaura, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 386, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, other co-accused persons inflicted knife blow upon chest of the informant. It is further alleged that this petitioner, along with co-accused Kanhaiya Sah, came with arms at the door of the informant and took away the other co-accused persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that there is no allegation of assault against this petitioner. As per F.I.R. also, this petitioner, along

Patna High Court CR. MISC. No.8031 of 2024(2) dt.20-02-2024 2/2 with co-accused Kanhaiya Sah, came armed with Bhala and Farsa at the door of the informant and took away the accused persons. It is further submitted that the petitioner has falsely been implicated in this case merely because he happens to be cousin of co-accused Kanhaiya Sah. Petitioner claims clean antecedent.

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

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Muffasil (Lakhaura) P.S. Case No.457 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T