← Library
Patna High CourtCR. MISC./28943/2019bail granted

Sri Bhagwan Turha @ Bhagwan Sah v. The State Of Bihar

2019-05-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28943 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Sri Bhagwan Turha @ Bhagwan Sah Son of Padarath Turha, Resident of Village-Ilamadipur, Police Station - G.B. Nagar, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 341, 323, 324, 379 and 307/34 of the Indian Penal Code.

Petitioner along with two other accused persons are said to have snatched the bag of the informant containing Rs. 35000/- by dashing his bike. The petitioner was apprehended at the tea shop after giving chase. In the meantime on call of the petitioner his brother and others arrived there and assaulted the informant. Mother of the petitioner snatched the mobile of the informant and thereafter they left the scene. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.28943 of 2019(2) dt.06-05-2019 2/2 that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case due to animosity. Informant has not sustained any sort of injury as evident from the impugned order. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

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 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 C.J.M., Siwan in connection with G.B. Nagar P.S. Case No. 336 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T