Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34414 of 2022 Arising Out of PS. Case No.-629 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

UMESH SAH S/o Jhapas Sah Resident of Dudha Chaturi, Ward No. 4, P.S.- Majhaulia, District- West Champaran 2.

Lalsa Devi W/o Umesh Sah Resident of Dudha Chaturi, Ward No. 4, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Majhauliya P.S. Case No.629 of 2019, registered for the offences punishable under Sections 341, 342, 323, 498(A), 406, 506, 363 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against the petitioners. The allegation against petitioner no.1 is that he gave telephonic information on

Patna High Court CR. MISC. No.34414 of 2022(2) dt.27-09-2022 2/2 which his father was taken away by the co-accused persons but the same allegation appears to have been made under misconception. It is also submitted that the occurrence took place on 14.12.2019 and the FIR was lodged on 19.12.2019, after delay of five days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing the bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No.629 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