Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44066 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== RAJ KUMAR SAH son of Anant Sah Resident of Village - Samhuti, P.s. Tariyani, District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 353, 307, 332, 337, 283, 427, 504 & 506 of the Indian Penal Code and Section 3⁄4 of the Damage of Property Act, 1984.

28 named and 400 unknown persons including this petitioner is said to have blocked the road by burning tire and were uttering enraged language to provoke the people against the administration. They also damaged the police vehicle.

Patna High Court CR. MISC. No.44066 of 2022(2) dt.29-11-2022 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, petitioner is a poor person and daily wage earner. The police in order to save their skin and get encouragement from the senior officer implicated the innocent persons by making false accusation. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tariyani P.S. Case No. 202 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T