Bhim Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38482 of 2024 Arising Out of PS. Case No.-529 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Bhim Sah Son of Bacha Sah R/O Village-Tingachiya, P.S.- Govindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Govindganj P.S. Case No. 529 of 2023, instituted under Sections 353(A), 341, 323, 307, 504, 342, 34 of the Indian Penal Code.

3. As per the prosecution case, on getting information that two persons were quarreling with the driver of Sudha Dairy and they restrained the vehicle near Bhelanari Petrol Pump, the informant/S.H.O. along with other police party reached there and on chase co-accused Bachcha Sah was apprehended, who disclosed the name of petitioner and other accused persons. The accused persons were demanding rangdari from the driver of Sudha Dairy. It is alleged that during course of chasing accused persons assembled and tore the uniform of two constables.

Patna High Court CR. MISC. No.38482 of 2024(2) dt.28-06-2024 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from possession of the petitioner. Except confessional statement of co-accused, Bachcha Sah, there is no material against the petitioner. He was not apprehended on the spot. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/ concerned Court in connection with Govindganj P.S. Case No. 529 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T