Anant Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5122 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================
1. Anant Sah, Son of Sibsi Sah @ Sibaji Sah, Resident of Village Permanandpur, P.S. Srinagar, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.
The petitioner apprehends his arrest in Sri Nagar P.S. case No. 57 of 2017 for the offences punishable under Section 323, 324, 307 and other Sections of the Indian Penal Code. The informant, A.S.I. of Sri Nagar P.S. alleged that he went to arrest Dilip Sah, while he was sitting in a tea stall. The accused Ramesh Sah and others surrounded him and Ramesh Sah assaulted him with Farsa on his head. When the informant started fleeing away the petitioner and other accused persons caught him and brutally assaulted him with Lathi.
The learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. There is no specific allegation of assault against the petitioner. Similarly
Patna High Court Cr.Misc. No.5122 of 2018 (2) dt.02-02-2018 2/2 situated accused Nirmal Sah and Lalan Sah have been granted anticipatory bail vide order passed in Cr. Misc. No. 44351 of 2017 but it appears that anticipatory bail petition of similarly situated accused Raben Sah was earlier rejected by the same bench in Cr. Misc. No. 44071 of 2017. Anticipatory bail petition of Ramesh Sah was also permitted to be withdrawn vide Cr. Misc. No. 53800 of 2017. The petitioner and other accused persons brutally assaulted A.S.I. who had gone to arrest Dilip Sah, accused of Sri Nagar P.S. case No. 37 of 2017.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) BKS/- U T