Rambalak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30444 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== Rambalak Sah, Son of Vilaswh Sah Resident of Village - Mushari, P.S.- Parsauni, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mrs. Rita Verma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Parsauni P.S. Case No.67 of 2019 registered for the offence under Section 392 of the Indian Penal Code.

As per allegation in the FIR, on 01.09.2019 at about 8.35 O'clock, when the informant namely, Akash Kumar was returning his home from the house of his brother-in-law Anil Kumar (Bahnoi) on a Motorcycle of his brother-in-law ( Sala), bearing No. BR-06BC/2934 and he reached to a turn on Benipur road at about 8.50 O'clock, one out of 3-4, who were waiting there on two Motorcycles, miscreants caught hold his left arm while another miscreant snatched Mobile and Rs. 2,000/- from his pocket and the third snatched the key of the Motorcycle. On this, the fourth miscreant said that Saddam we should go as the

Patna High Court CR. MISC. No.30444 of 2021(3) dt.21-03-2022 2/3 mission was accompliced and thereafter they left the spot along with the informant's Motorcycle. It has been also alleged that one of the co- accused Saddam has a knife in his hand. Thereafter the informant took lift from a passer-by and informed his family and neighbours about the occurrence. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case on suspicion. He further submits that petitioner is neither named in the FIR nor any incriminating articles has been recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that there is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of this order is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30444 of 2021(3) dt.21-03-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No.67 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Prakash Narayan /- U T