Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45051 of 2021 Arising Out of PS. Case No.-1269 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== MOHAN SAH S/O HANUMAN SAH R/o village- Dadar Kolhua, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioner that as per F.I.R. itself, petitioner is alleged to be order-giver and specific allegation of firing is against co-accused Bittu Bhagat. In paragraph - 9 of the supplementary affidavit, it is stated that the Superintendent of Police, Muzaffarpur did not find the allegation, as alleged in the F.I.R., true against this petitioner. Petitioner claims clean antecedent Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.45051 of 2021(3) dt.04-07-2022 2/2 well as clean antecedent of the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1269 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T