Rangeelal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46521 of 2016 Arising Out of PS.Case No. -218 Year- 2015 Thana -SHEOHAR District- SHEOHAR ====================================================== Rangeelal Sah son of Geni Sah Resident of Village-Mathurapur, P.S.- Sheohar, District-Sheohar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.
It is shocking to see that the investigating officer did not take pain to record the statement of injured, Shamshad Alam @ Pyare, who as well as deceased were mercilessly assaulted by the F.I.R. named accused as well as others due to a minor accident. The aforesaid conduct of investigating officer goes to show that he did not investigate the present case properly rather in a very casual and routine manner he investigated such a serious case.
Patna High Court Cr.Misc. No.46521 of 2016 (3) dt.06-12-2016 2/3 The first information report goes to show that when deceased and injured tried to flee from the place of occurrence after the accident, it was petitioner and one Sanjay Sah, who gave lathi blow causing injury on the head of injured and deceased. However, even having received the aforesaid blow, deceased and injured tried to flee from there but they were encircled by the F.I.R. named accused as well as villagers and thereafter they were assaulted by them.
Learned counsel appearing for the petitioner submits that co-accused, Sadre Alam Khan @ Sadre Alam and Sanjay Sah have already been granted privilege of anticipatory bail by different Benches of this Court. To fortify the aforesaid contention, he filed web copy of order dated 22.09.2016 passed in Cr. Misc. No. 38629 of 2016 by which co-accused, Sadre Alam Khan @ Sadre Alam has been granted privilege of anticipatory bail by a co-ordinate Bench of this court and so far as order of coaccused, Sanjay Sah is concerned, it is informed that order has not been pronounced as yet though the aforesaid co-accused, Sanjay Sah has also been granted privilege of anticipatory bail by a coordinate Bench of this court. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact
Patna High Court Cr.Misc. No.46521 of 2016 (3) dt.06-12-2016 3/3 that petitioner is in jail custody since 20.08.2016 without having any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 218 of 2015.
Let a copy of this order be sent to Superintendent of Police, Sheohar so that he could take appropriate action against the erring investigating officer.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T