Ashish Kumar @ Hakim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54703 of 2015 Arising Out of PS.Case No. -6 Year- 2012 Thana -BIHRA District- SAHARSA ====================================================== Ashish Kumar @ Hakim Sah, Son of Ram Ballabh Sah, resident of VillageRampur, Police Station Sour Bazar, Bajinathpur Out Post District Saharsa. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons killed husband of the informant. It is submitted on behalf of the petitioner that he has been falsely implicated in the present case. He has been named in the F.I.R. merely on the basis of suspicion. From perusal of the case diary it is evident that there is no eye witness to the alleged occurrence nor there is any circumstantial evidence to implicate the petitioner in the present case.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case

Patna High Court Cr.Misc. No.54703 of 2015 (3) dt.11-03-2016 2/2 no. 6 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T