Ram Vilash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15596 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Ram Vilash Sah, son of Late Janak Sah, Resident of Village Bahadurpur P.S. Minapur District Muzaffarpur. At Present residing at Gola Bandh Road Lichi Gachi Balughat P.S.- Town District Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in short, is that the petitioner's mother met an accident with the motorcycle of the son of the informant upon which the accused persons demanded money and threatened with dire consequences and later the dead body of the son of the informant was found at the roof. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.15596 of 2019(2) dt.13-03-2019 2/2 present case. The date of occurrence is said to be 8.7.2018. The case was instituted on 9.8.2018. The delay of one month in instituting the case has not been explained by the prosecution. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 331 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T