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Patna High CourtCR. MISC./40225/2025disposed

Sanjeev Sah @ Sanjeev Kumar Sah v. The State Of Bihar

2025-09-03Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40225 of 2025 Arising Out of PS. Case No.-201 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== 1.

Sanjeev Sah @ Sanjeev Kumar Sah, S/O Kailash Sah R/O Village- Lawapur, PS- Mahnar, Dist- Vaishali (Bihar).

2.

Manita Devi, W/O Sanjeev Sah @ Sanjeev Kumar Sah R/O VillageLawapur, PS- Mahnar, Dist- Vaishali (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-09-2025 Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Mahnar P.S. Case No. 201 of 2022, dated 16.07.2022, registered under Section 302/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 09.07.2022 the informant had gone to her sister at Chhapra, Dighwara. On 11.07.2022 she was informed by her husband that on 10.07.2022 all the accused persons as named in the F.I.R. including the petitioners by making allegation of theft against him, have assaulted him. She called her husband to her sister's house for treatment, but due to lack of money the treatment was not done. On 14.07.2022 suddenly, the condition of her husband namely

Patna High Court CR. MISC. No.40225 of 2025(3) dt.03-09-2025 2/3 Ganesh Thakur became serious and he died. Thereafter she brought the dead body of her husband on 15.07.2022 to her Sasural at Lawapur, Mahnar and cremated the dead body after postmortem.

4. Pursuant to the order passed by this Court, the case diary is received and from perusal of the materials collected during course of investigation, it transpires that witnesses have supported the prosecution story and taking note of such submission, the bail application moved by these petitioners for grant of anticipatory bail, before the learned Principal District & Sessions Judge, Vaishali at Hajipur, vide A.B.P. No. 461 of 2025, dated 06.05.2025 is said to have been rejected.

5. At this stage, learned counsel for the petitioners submits that the anticipatory bail application of petitioners may be allowed to be withdrawn with a liberty to surrender before the learned court below with further request that the court below may be directed that on surrendering and preferring bail application, their bail application may be heard and decided on the same day.

6. In view of submissions so made, the petitioners are directed to surrender before the learned court below within a period of four weeks and on such surrendering, the regular bail application moved by them shall be heard and decided by the concerned court below preferably on the same day.

Patna High Court CR. MISC. No.40225 of 2025(3) dt.03-09-2025 3/3

7. Accordingly, the instant Criminal Miscellaneous Case is disposed of.

(Ajit Kumar, J) pravinkumar/- U T