Kamal Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.42551 of 2015 (2) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42551 of 2015 Arising Out of PS.Case No. -236 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== KAMAL SAH, S/O LATE RAMNATH SAH, RESIDENT OF VILLAGE SAIN, P.S. KANTI, DISTRICT MUZAFFARPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Ram Shankar Das (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kanti P.S. Case No. 236 of 2015 registered under Section 147, 341, 323, 353, 225 and 427 of the Indian Penal Code and Sections 3(1)(x) of the SC/ST Act.

The allegation of informant, A.S.I. of Kanti Police Station, is that on receiving information about Bittu Kumar, son of petitioner, accused of Kanti P.S. Case No. 192 of 2015 at his house, he along with other police official reached at the house of Bittu Kumar. When the informant tried to enter in the house of Bittu Kumar then petitioner along with others stopped at the door due to occasion of marriage. Chintu Sah stopped his seeing his

Patna High Court Cr.Misc. No.42551 of 2015 (2) dt.08-10-2015 name plate denoting his Scheduled Caste. In the meantime, Bittu Kumar fled away from his house.

Learned counsel for the petitioner submits that petitioner is the father of Bittu Kumar, who is said to be accused in Kanti P.S. Case No. 192 of 2015, and has falsely been implicated in this case, moreover, it would appear from the F.I.R. that petitioner has not stated about the caste name of the informant.

Considering the aforesaid submissions, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Kanti P.S. Case No. 236 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T