Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24554 of 2022 Arising Out of PS. Case No.-102 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== NARESH SAH Son of Natha Sah Resident of Village- Nawanagar Nizamat, Pratap Patti, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 341, 342, 323, 324, 307, 379, 504 of the Indian Penal Code.

Allegedly, the FIR named accused persons including the petitioner with an intention to commit 'loot' came at the Nal Jal Godown and assaulted the Guard and other employees. When the informant and other villagers arrived there, they fled away. Thereafter, it is further alleged that when the informant's nephew were going to take ration, in the way, the accused persons with an intention to kill caught them and confined in a

Patna High Court CR. MISC. No.24554 of 2022(2) dt.30-08-2022 2/2 house and assaulted them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to prior enmity. 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. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 connection with Sahebganj P.S. Case No.102 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.