Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23389 of 2015 Arising Out of PS.Case No. -230 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Birendra Sah son of late Yogeshwar Sah Resident of D.B. Road, Ward no. 10, Saharsa, police Station- Saharsa, District Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 436, 307, 427 and 34 of the Indian Penal Code.

Allegation against the petitioner and other is to have set the market complex, which was under construction, on fire and also hit the informant with iron rod.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. From perusal of the F.I.R. it would appear that the alleged occurrence has taken place in the night. Petitioner has not been named earlier but subsequently when, in the morning, the two persons had come and threatened the informant, in that the petitioner is said to be present. It is further submitted that the petitioner had a tea stall within the said complex.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.23389 of 2015 (3) dt.21-09-2015 2 / 2 Considering the facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case no. 230 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T