Shivjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40257 of 2021 Arising Out of PS. Case No.-90 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== SHIVJEE SAH Son of Bijan Sah Resident of Village- Dihu Tola, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Madhuban P.S. Case No.90 of 2019, registered for the offences punishable under Sections 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Some unknown person caused firearm injury at the back of the informant. The petitioner and others are suspected as they were in inimical term with the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no eye witness in the present case and similarly situated another co-accused person, namely, Geeta Devi has already been enlarged on

Patna High Court CR. MISC. No.40257 of 2021(2) dt.21-03-2022 2/2 anticipatory bail vide order dated 30.06.2020, passed in Cr. Misc. No.3525 of 2020. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Since there is no direct material against the petitioner which is evident from perusal of the impugned order also, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Madhuban P.S. Case No.90 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T