Sanjay Sah @ Sanjay Sha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5607 of 2019 Arising Out of PS. Case No.-701 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== Sanjay Sah @ Sanjay Sha son of Rama Shankar Sah Resident of Village - Dindayal Nagar Turha Toli, PS-Siwan Town, Dist-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Siwan Town PS case no. 701 of 2018 registered for the offence punishable under Sections 448, 341, 323, 354, 427, 504 of Indian Penal Code and Section 37(C) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the petitioner having assaulted the informant and his wife as also threatened them upon the petitioner being in an inebriated condition. The learned counsel for the petitioner submits that two cases have been filed out of the same incident; one under the provisions of the Excise Act and the other one is the present case relating to assault of the informant and his wife. It

Patna High Court Cr.Misc. No.5607 of 2019(2) dt.31-01-2019 2/2 is further submitted that the petitioner has been falsely implicated on account of village rivalry and the petitioner has got nothing to do with the alleged incident. The petitioner is stated to be languishing in custody since 13.12.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail immediately upon completion of three months of custody i.e. w.e.f. 13.12.2018 subject to such conditions as may be imposed by the learned Court of Additional Sessions Judge 2nd-cum- Special Judge, Excise, Siwan in connection with Siwan Town PS case no. 701 of 2018. The present bail petition is disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- U T