Vijay Sah @ Vijay Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23436 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- NADI District- Supaul ====================================================== VIJAY SAH @ VIJAY PRASAD SAH SON OF SUVANSH SAH Resident of Village - Mungraha, P.S. - Supaul Nadi, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 304, 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that tenant of the petitioner is running a tea stall in the premises where the incident took place and to save himself, he instituted the present case in connivance with the informant. The petitioner has neither taken electricity

Patna High Court CR. MISC. No.23436 of 2023(2) dt.04-07-2023 2/2 connection in the building nor he has any concern with the alleged occurrence and the building was given on rent to one Kameshwar Kumar Yadav for running shop. 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 as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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 connection with Supaul Nadi P.S. Case No.79 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T