Shivjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20628 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Shivjee Sah Son of Late Ramchandra Sah, resident of Village- Bagha, P.S.- Town, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Dr. M.K. Gautam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Begusarai Town P. S. Case No. 73 of 2016 registered under Sections 341, 326, 504, 324, 325 and 307/34 of the Indian Penal Code and 27 of the Arms Act.

It is contended by learned counsel for the petitioner that there no specific overtact alleged against the petitioner. The allegation of firing upon the informant is against one Sunil Sah. It is further contended that one Baby Devi wife of Late Ajay Sah @ Babloo Sah, who happens to be the sister-in-law of the petitioner, had filed Begusarai Town P. S. Case No. 523 of 2014 dated

Patna High Court Cr.Misc. No.20628 of 2016 (2) dt.26-05-2016 2/2 17.08.2014 registered under Sections 302 of the Indian Penal Code and 27 of the Arms Act for murder of her husband against Randhir Mahto and others who happens to be cousin brother of the informant of the present case and due to that reason, the present case has been instituted against the petitioners and others just to create pressure over the petitioner to compromise the case of murder of his brother.

Regard being had to the fact that the specific allegation of firing upon the informant is against co-accused Sunil Sah, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Begusarai Town P. S. Case No. 73 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T