Bijendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20294 of 2019 Arising Out of PS. Case No.-386 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Bijendra Sah, Son of Chhutharu Sah 2.

Kishore Sah Son of Lalo Sah 3.

Ram Lakhan Sah Son of Chhutharu Sah 4.

Sonu Sah @ Sonu Kumar Son of Bijendra Sah 5.

Arvind Sah Son of Chhutharu Sah All resident of Village - Rahika Tola, Murliganj, Ward No.08, P.S.- Murliganj, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2019 Petitioner no. 5 Arvind Sah has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

There is general and omnibus allegation of commission of assault and theft against the petitioners. Submission is that a civil suit is going on between the

Patna High Court CR. MISC. No.20294 of 2019(2) dt.02-04-2019 2/2 parties and that is the reason behind false implication. Considering the aforesaid fact, let the petitioners except petitioner No. 5 Arvind Sah, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Murliganj Police Station Case No. 386 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Banti/Rajan U T