Sitaram Bin @ Sita Saran Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10587 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- VIJAYEPUR District- Gopalganj ====================================================== SITARAM BIN @ SITA SARAN BIN Son of Late Ramdhari Bin Resident of Village- Aithi, Tola- Manjhariya, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Vijaipur Police Station Case No. 49 of 2019, disclosing offences under Sections 341/323/324/307/447/504/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, assaulted the father of the informant by means of lathi, danda, farsha and it has further been alleged that co-accused Moti Lal Bin assaulted him by means of knife near his neck.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. He further submits that the allegation against the

Patna High Court CR. MISC. No.10587 of 2020(2) dt.25-06-2020 2/2 petitioner is general and omnibus in nature and specific allegation is against co-accused Moti Lal Bin of inflicting knife blow near the neck of the father of the informant. Having regard to the submissions made on behalf of the parties and taking into consideration the finding arrived at by the learned Sessions Judge in the impugned order that the victim has received injury on his neck and there is no allegation against the petitioner of causing any injury on the neck of the father of the informant, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released 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 Additional Chief Judicial Magistrate-IV, Gopalganj, in connection with Vijaipur Police Station Case No. 49 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √