Amrendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34636 of 2022 Arising Out of PS. Case No.-42 Year-2021 Thana- SHRI NAGAR District- Madhepura ====================================================== AMRENDRA SAH SON OF LATE BIHARI SAH Resident of villageParmanandpur, PS. - Srinagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar Pandey, A.P.P Mr. Dinesh Prasad Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 302, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner assaulted her husband in the night when they were guarding their crops in the field, further her husband died during the course of treatment.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that police after investigation submitted Final Form in favour of the petitioner, it is next submitted that when an Investigating Agency

Patna High Court CR. MISC. No.34636 of 2022(2) dt.28-11-2022 2/2 after threadbare investigation has come to a considered conclusion that petitioner was innocent as no material transpired during the course of investigation connecting him even remotely with the offence, then on the same set of evidence the learned Magistrate differed with the police report and took cognizance which appears to be mechanical.

Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner but are not in a position to rebut the submission of the learned counsel for the petitioner that police after investigation has submitted Final Form in favour of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shri Nagar P.S. Case No. 42 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C (Satyavrat Verma, J) Rishabh/- U T