Radhe Shyam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47549 of 2025 Arising Out of PS. Case No.-108 Year-2021 Thana- RAMGARHWA District- East Champaran ====================================================== Radhe Shyam Sah Son of Yugul Sah R/O Vill- Bela, P.S.- Ramgarhwa, 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 :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 324, 325, 354, 456, 307, 380, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the petitioner along with the named accused persons entered the house of the informant and were looking for her son. Further, the petitioner is alleged to have assaulted the informant by an iron khanti causing injury on her head.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.47549 of 2025(2) dt.30-07-2025 2/3 informant. It is further submitted that the police, after investigation, submitted final form bearing Final Form No. 66/22 dated 28.02.2022 exonerating the petitioner and other accused persons of the allegation as alleged in the FIR but then the learned trial court differing with the police report took cognizance, as such, the petitioner apprehends arrest. It is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for the Court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner of the allegation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Ramgarhwa P.S.

Patna High Court CR. MISC. No.47549 of 2025(2) dt.30-07-2025 3/3 Case No. 108 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T