Raja Sah @ Dinesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32439 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

RAJA SAH @ DINESH KUMAR SAH, S/o Ganeshi Sah Resident of Village-Puraini Hat Ishipur Barahat, District-Bhagalpur. 2.

Mahesh Kumar Panday @ Mahesh Panday, S/o Lal Babu Panday R/o Village-Pattichaka, P.S.-Mehrama, District-Godda (Jharkhand). 3.

Chunnu Panday @ Chunchun Panday, S/o Late Nageshwar Panday R/o Village-Pattichaka, P.S.-Mehrama, District-Godda (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-02-2021 Heard Mr. Anupa Nand Jha, learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Ishipur (Barahat) P. S. Case No. 10 of 2019, dated 25.01.2019, instituted for the offences under Sections 379 and 356 of the Indian Penal Code.

The petitioners have been named immediately after the occurrence as having snatched Rs. 1,00,000/- from the possession of the informant.

Patna High Court CR. MISC. No.32439 of 2020(2) dt.10-02-2021 2/3 The learned counsel for the petitioners has submitted that though they have been named in the F.I.R. but there appears to be false accusation against them for the reason that nothing has been recovered from their houses. The case is being investigated, and if at all the petitioners would have been guilty, some trace of the offence could have been gathered by the police. That not having been done, it has been submitted on behalf of the petitioners that their accusation is suspicious.

However, regard being had to the fact that immediately after the occurrence, the petitioners were named in the F.I.R., I am not inclined to grant anticipatory bail to the petitioners.

The petition stands dismissed.

However, if the petitioners surrender before the court below and seek bail, the court below shall take into account all necessary facts and shall pass orders in accordance with law, without being prejudiced by the

Patna High Court CR. MISC. No.32439 of 2020(2) dt.10-02-2021 3/3 fact that the present petition has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U T