Nirshan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44004 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Nirshan Sah Son of Late Babulal Sah

2. Wakil Sah Son of Late Ram Sanjiban Sah, Both are residents of Village - Sahtha, Nidyamatpur, P.S. : - Bhagwanpur, District - Vaishali at Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in Bhagwanpur P.S. case No.29 of 2016 registered under Sections 364, 302 and 201/34 of the Indian Penal Code, pending before the court of Chief Judicial Magistrate, Vaishali at Hajipur. Allegation is that the accused persons including the petitioners abducted the brother of the informant and killed him. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no eye witness to the commission of

Patna High Court Cr.Misc. No.44004 of 2016 (5) dt.10-01-2017 2/2 murder. It is a case of accident. There is enmity between both the parties. The other co-accused have been granted anticipatory bail by the Co-ordinate Bench of this Court.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. There is specific allegation of abduction alleged against the petitioners. Section 106 of the Evidence Act has not been considered by the Co-ordinate Bench while considering the anticipatory bail application of the other coaccused. The onus is upon the defence to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Prayer for anticipatory bail is rejected. Anyhow if the petitioners surrender in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T