Patna High CourtCR. MISC./16583/2024bail granted

Jiwachh Sah @ Jibachh Sah v. The State Of Bihar

2024-03-22Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16583 of 2024 Arising Out of PS. Case No.-706 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Jiwachh Sah @ Jibachh Sah S/o Sikandar Sah R/o Village- Meghpur @ Medhpur, P.S.- Sursand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sursand P.S. Case No. 706 of 2023 dated 14.12.2023, instituted for the offence punishable under Sections 341, 342, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with Suraj Sah threatened the informant by pistol and coaccused Brij Mohan Sah inflicted dab blow upon his head causing injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no allegation of assault against the petitioner rather the allegation is general and

Patna High Court CR. MISC. No.16583 of 2024(2) dt.22-03-2024 2/2 omnibus in nature, petitioner is only said to have threatened the informant by means of pistol. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sursand P.S. Case No. 706 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T