Srikant Sah @ Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36505 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== Srikant Sah @ Rishi Kumar Son of Lalan Sah Resident of VillageDhamapakar, P.S. Manjhagarh, District-Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

Allegedly, while the informant was sitting at his door, the accused persons having armed with weapons, came and started to fix bamboo on the land with a view to take possession. On protest, the accused persons assaulted the informant and his family members as a result of which, they sustained injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.36505 of 2020(2) dt.20-02-2021 2/2 General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of assault is against the co-accused. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 95 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T