Dhaniklal Sah @Dhanik Lal Sahu Andanr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7659 of 2017 Arising Out of PS.Case No. -32 Year- 2001 Thana -LAUKHA District- MADHUBANI ======================================================

1. DHANIKLAL SAH @DHANIK LAL SAHU, S/o Late Muneshwar Sah.

2. Dhanraj Sah, S/o Late Yadunandan Sah Both are Residents of Village- Parsahi, P.S.- Khutauna, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Petitioner no.1 Dhaniklal Sah @ Dhanik Lal Sahu has already been arrested. Hence, his prayer for anticipatory bail in connection with Lokaha (Khutauna) P.S. Case No.32 of 2001 (G.R.No.218/2001) pending in the court of learned A.C.J.M., Jhanjharpur, Madhubani is dismissed as infructuous. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner no.2 Dhanraj Sah is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 436 and 302/34 of the Indian Penal Code. After investigation, the police did not send up the petitioner for trial. However, on protest petition, cognizance has

Patna High Court Cr.Misc. No.7659 of 2017 (4) dt.21-04-2017 been taken in the case as submitted by the learned counsel for the petitioner.

According to FIR, the petitioner committed assault to the deceased and arson the house of the informant. Considering the aforesaid facts, let the petitioner no.2 Dhanraj Sah, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, Madhubani/Successor Court in connection with Lokaha (Khutauna) P.S. Case No.32 of 2001 (G.R.No.218/2001), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to take steps for cancellation of the bail bonds of the petitioner in this case.

Arvind/- (Birendra Kumar, J) U T