Sharawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52815 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Sharawan Sah, son of Suresh Sah, Resident of Village- Kumbhi, P.S. Cheria Bariyarpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Singh For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2015 Heard Sri Uma Shankar Singh, learned counsel for the petitioner and Sri Ajay Kumar, learned A.P.P. The petitioner, who is in custody in connection with S. T. No. 586 of 2015 arising out of Bibhutipur P.S. Case No. 91 of 2015 registered for the offence under Section 364(A) of the Indian Penal Code has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He submits that from the F.I.R. it appears that the informant's side was not in a position to fulfill the demand of such huge amount. Moreover, one of the co-accused Sudhir Sah has already been granted bail by this court on 30.10.2015 vide Cr. Misc. No. 48333 of 2015. On the aforesaid grounds a prayer has been made for

Patna High Court Cr.Misc. No.52815 of 2015 (3) dt.14-12-2015 2/2 grant of bail.

Learned A.P.P. has opposed the prayer for bail. I have also perused the order dated 30.10.2015 whereby co-accused was granted bail. Fact remains that in the F.I.R. there is specific accusation against the petitioner. The petitioner's case is not similar to the case of Sudhir Sah. In view of the facts and circumstances I do not find any ground to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T