Vishwas Sah @ Dilip Sah @ Jhalaku Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6704 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.
VISHWAS SAH @ DILIP SAH @ JHALAKU SAH Son of Ganesh Sah Resident of Village - Padrauna, P.S.- Barharia, Dist.- Siwan. 2.
Satyendra Ram @ Shikari Ram Son of Ram Pravesh Ram Resident of Village - Girdharpur, P.S.- Barharia, Distt.- Siwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Adv For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2020 Heard learned counsel for the parties.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 279, 341, 307, 504/34 of the Indian Penal Code.
Informant in his written complaint has alleged that on 23.07.2019 at about 8:00 pm when his father was coming to home and reached near the bridge in between Girdharpur and Pandwa two unknown motorcycle borne
Patna High Court CR. MISC. No.6704 of 2020(3) dt.25-11-2020 2/3 miscreants dashed the motorcycle of his father on account of which he fell down and thereafter the unknown miscreants started abusing him and gave knife blow in his stomach and back on account of which he got injured and when he raised alarm the miscreants fled away. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to village politics. Petitioners are not named in the FIR. Informant in his third statement which was taken on 07.08.2019 has disclosed the name of petitioners with their parentage which makes this case doubtful as to why Informant did not disclosed the name of petitioners in his first and second statement. Informant is not the eye witness. FIR has been lodged after delay of five days. Petitioners have got no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.6704 of 2020(3) dt.25-11-2020 3/3 learned court below where the case is pending, in connection with Barharia P.S. Case No. 255 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(S. Kumar, J) ranjan/- U