Umesh Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18060 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- BHAWANIPUR District- Purnia ====================================================== UMESH PRASAD SAH Son of Late Bhuneshwar Prasad Sah Resident of Village - Amari Kukroan, P.S. - Dhamdaha, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr.Adv Mr. Nityanand Mishra, Adv Mr. Kumar Rajdeep, Adv For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard the parties.

Learned counsel for the State filed a counter-affidavit in the present case. Let the same be accepted and kept on record. Learned senior counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 148, 149, 447, 302 & 120(B) of the Indian Penal Code.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.18060 of 2022(4) dt.18-10-2022 2/2 petitioner. It is further submitted that the petitioner is a government employee and working as revenue clerk under the C.O., and he has no concern with the informant and other coaccused as well as occurrence in any manner. The petitioner is duty bound to obey the order of the concerned C.O. on who ordered the petitioner to issue the rent receipt. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Bhawanipur P.S. Case No.236 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T