Dablu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14439 of 2020 Arising Out of PS. Case No.-507 Year-2019 Thana- MANIHARI District- Katihar ====================================================== 1.

DABLU SAH S/o Ishwar Sah Resident of Village- Dilarpur, P.S.- Manihari, District- Katihar.

2.

Deepak Kumar Singh S/o Ramanand Singh @ Ram Singh Resident of Village- Dilarpur, P.S.- Manihari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Anil Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Manihari PS case no. 507 of 2019 registered for the offences punishable under Sections 307 and other allied sections of Indian Penal Code.

The allegation is regarding 25 to 30 unknown persons along with the named accused persons including the petitioners herein having arrived at the place of occurrence on

Patna High Court CR. MISC. No.14439 of 2020(4) dt.06-11-2020 2/2 the alleged date and time of occurrence and upon the co-accused person namely Rudal Singh having exhorted to assault the members of the prosecution party, the petitioner no. 1 had stabbed the uncle of the informant in his abdomen and the petitioner no. 2 had also assaulted him by lathi, whereafter they are stated to have damaged the motorcycles standing there. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and are having a clean antecedent. It is further submitted that the petitioners have no role to play in the alleged occurrence.

I have heard the learned counsel for the parties and perused the materials on record as also the case diary in question, from which it appears that prima facie, the petitioners are definitely having complicity in the matter and specific allegations have been levelled against them of assaulting the injured persons resulting in them sustaining grievous injuries, thus, I do not find the present case to be a fit case to admit the petitioners to the privilege of anticipatory bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T