Dipak Kumar Sah @ Dipak Sah @ Pinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37704 of 2023 Arising Out of PS. Case No.-101 Year-2021 Thana- SARSI District- Purnia ====================================================== DIPAK KUMAR SAH @ DIPAK SAH @ PINKU SAH S/O BHAGWAT SAH R/O Village- Parasmani, PS. Sarsi, Dist. Purnia ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC. 3.

Allegedly, the son of the informant is said to have been murdered by the petitioner and co-accused Chhotu Kumar and dead body was found lying in the poultry farm of the petitioner. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. From bare perusal of the F.I.R., it is apparent that the specific allegation is against the co-accused Chhotu

Patna High Court CR. MISC. No.37704 of 2023(2) dt.31-07-2023 2/2 Kumar that he after committing murder of son of informant, brought him at the poultry farm of the petitioner and threw there. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sarsi P.S. Case No.101/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T