Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22110 of 2020 Arising Out of PS. Case No.-521 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Anil Sah, S/o Madan Sah, Resident of Village- Godhwa, P.S.- Muffasil, Distt- East Champaran 2.

Jhunjhun Sah, S/o Shambhu Sah, Resident of Village- Godhwa, P.S.- Muffasil, Distt- East Champaran 3.

Mustafa Mian, S/o Sagir Mian, Resident of Village- Godhwa, P.S.- Muffasil, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate.

For the Opposite Party/s :

Mr. Zainul Abadin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-11-2020 Heard learned counsel for the petitioners and the learned A.P.P. appearing for the State through Video Conferencing.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 521 of 2019, registered under Sections 341, 342, 379, 384, 385, 504 and 506/34 of the Indian Penal Code.

The accusation is that at about 10 A.M., on 06.11.2019, Lakhan Kumar, son of the informant, Shiv Sahani, was returning to his house after collecting the money from customers but in the way, 12 to 13 persons caught hold him on

Patna High Court CR. MISC. No.22110 of 2020(3) dt.11-11-2020 2/3 the point of pistol and snatched cash of Rs.35,000/-, mobile and gold chain. The said persons also talked on mobile of his brother, Binay Sahni, making demand of Rs.5,00,000/- as ransom otherwise Lakhan Kumar will be killed. Thereafter, his brother informed to the Mufassil Police Station then the police set free his son, Lakhan Kumar. Thereafter, his son, Lakhan Kumar returned to his house and disclosed the name of four persons including the petitioners.

Learned counsel for the petitioners submits that in course of plying card, Lakhan Kumar, son of the informant, managed to win the play card game on marking on the card but it was detected in course of playing card. Thereafter, son of the informant was pressurized to return the money due to that reason, the informant, who is father of Lakhan Kumar, lodged the present case with false allegation, this fact has come in the statement of witnesses in paragraphs 6, 7 and 8 of the case diary. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.22110 of 2020(3) dt.11-11-2020 3/3 of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Eash Champaran, Motihari, in connection with Muffasil P.S. Case No. 521 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T