Hari Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48272 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== HARI NARAYAN SAH Son of Yadolal Sah Resident of village - Shekhauna, Police Station - Ghorasahan, District - East champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 353, 504 and 506/34 of the Indian Penal Code.

Allegedly, the informant and others went to disconnect the electricity supply in the commercial area of co-accused Anil Kumar due to non-payment of dues but in the meanwhile the

Patna High Court CR. MISC. No.48272 of 2021(2) dt.25-04-2022 2/3 petitioner and others reached there and started abusing and giving threat to kill.

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. There is no allegation of assault levelled upon any of the accused persons. It is further submitted that the co-accused Anil Kumar has already deposited the said amount, a copy of the same is at Annexure-2 of this application. Petitioner has no criminal antecedent and the co-accused Anil Kumar and Aftab Alam have been enlarged on anticipatory bail by a coordinate Bench of this court vide order dated 14.07.2021, passed in Cr. Misc. No.37102 of 2020.

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

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.

Patna High Court CR. MISC. No.48272 of 2021(2) dt.25-04-2022 3/3 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 Ghorasahan P.S. Case No.86 of 2020, G.R. No.301 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T