Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15848 of 2020 Arising Out of PS. Case No.-437 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== 1.

Rajesh Sah S/O Maheshwar Sah @ Mahesh Sah Resident of Village - Mujaffarganj, P.S.- H. Kharagpur, Distt. - Munger. 2.

Raja Kumar @ Raj Kumar S/O Putru Sah Resident of Village - Mujaffarganj, P.S.- H. Kharagpur, Distt. - Munger. 3.

Piyush Kumar S/O Vijay Sah Resident of Village - Mujaffarganj, P.S.- H. Kharagpur, Distt. - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

06-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in G.R. No. 8070 of 2019, arising out of H.Kharagpur P.S. Case No. 437 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Sections 25(1b)a/26(i)/27 of the Arms Act. In the F.I.R., there is allegation of assault and indiscriminate firing against the petitioners & others as well as two live cartridges are said to have recovered by the informant, which were handed over to police.

It is submitted on behalf of petitioners that due to PACS election, there was dispute between political rivalry of the

Patna High Court CR. MISC. No.15848 of 2020(2) dt.06-03-2020 2/2 parties, as a result of which, the petitioners have falsely been implicated. It is further submitted that petitioner no. 1 and informant both were candidates in the PACS election. Neither there is specific allegation nor any overt act has been alleged against the petitioners. Petitioners are having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV, Munger in connection with G.R. No. 8070 of 2019, airing out of H.Kharagpur P.S. Case No. 437 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay U T