Hira Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46197 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Hira Sah S/O Chandrashekhar Sah R/O Village-Maniya Gachhi, P.S. Udakishanganj, Distt. Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Beldaur P.S. case No. 314 of 2023 instituted for the offences under Sections 392, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, one suspicious girl called the informant regarding withdrawal of money. When the informant was on the way, four unknown miscreants attacked him with pistol which hit him on the left shoulder. It is further alleged that they looted Rs. 3,50,000/-, laptop and motorcycle from the informant.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.46197 of 2024(4) dt.23-08-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Sunil Ram and Mukesh Ram who have already been granted bail by this Bench vide orders dated 23.04.2024 and 10.05.2024 passed in Cr. Misc. No. 30740 of 2024 and Cr. Misc. No. 31728 of 2024 respectively. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedents but he is on bail in that case.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. case No. 314 of 2023, subject to the conditions as laid down under
Patna High Court CR. MISC. No.46197 of 2024(4) dt.23-08-2024 3/3 Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T