Satan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15797 of 2021 Arising Out of PS. Case No.-291 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
SATAN SAH Son of Badri Sah Resident of Village- Basopatti, Bakuchia, Tola, Police Station- Sanichari, District- West Champaran. 2.
Arjun Sah Son of Satan Sah Resident of Village- Basopatti, Bakuchia, Tola, Police Station- Sanichari, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-03-2022 Heard Mr. Ram Kishun Prasad, learned Advocate for the petitioners and the learned APP.
The petitioners seek bail in anticipation of their arrest in connection with Yogapatti (Sanichari) P.S. Case No. 291 of 2019 dated 06.08.2019 instituted for the offences under Sections 341, 342, 323, 324, 184, 386, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code.
It has been alleged in the FIR that the informant was assaulted by the local Mukhiya and he was also asked to pay-up Rs. 5000/- as protection/ransom money.
The petitioners though have been named in the FIR but it has been urged on their behalf that they have been made accused only because they happen to be the father and brother of the local Mukhiya against whom the entire accusation is directed
Patna High Court CR. MISC. No.15797 of 2021(2) dt.03-03-2022 2/2 at.
The allegation of demanding Rs. 5000/- does not appear to be reliable.
The occurrence also is said to have taken place at the time of a religious procession which also makes the prosecution case highly doubtful as the local Mukhiya would not ask for protection money from the residents of the locality in full public gaze.
Considering the afore-noted facts and taking into account that there is no specific accusation against the petitioners and that there is a reason for them to be falsely implicated in this case, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 291 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T