Nandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42573 of 2019 Arising Out of PS. Case No.-329 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== NANDAN SAH Son of Haricharan Sah @ Haricharan Shah Resident of Village- Bhagirathi, Police Station- Mirganj, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

This is an application for anticipatory bail in connection with Sessions Trial No. 129 of 2019, arising out of Mirganj P.S. Case No. 329 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379, 354, 448, 504 and 302 of the Indian Penal Code.

Drawing my attention to the FIR, learned counsel for the petitioner has submitted that there is allegation against the co-accused Brijesh Yadav, Sujeet Yadav and Chhotelal Yadav of making assault on the informant's uncle, the victim. It is submitted that so far the present petitioner is concerned, there is no such specific allegation against him in the FIR. It is further submitted that similarly circumstanced co-accused Ajay Kumar Yadav has been allowed anticipatory bail by this Court by order dated 12.03.2019, passed in Cr. Misc. No. 15190 of 2019. Learned counsel for the petitioner appears to be correct that there is no specific allegation against this petitioner

Patna High Court CR. MISC. No.42573 of 2019(2) dt.10-07-2019 2/2 of any overt act.

Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned 2nd Additional Sessions Judge, Gopalganj in connection with Sessions Trial No. 129 of 2019, arising out of Mirganj P.S. Case No. 329 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T