Ranjeet Kumar @ Lal Babu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17509 of 2016 Arising Out of PS.Case No. -238 Year- 2014 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ranjeet Kumar @ Lal Babu Sah S/O- Shambhu Sah, R/O VillageMahnagani, P.S.- Bettiah Mufasil, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Anand Kumar For the Opposite Party/s : Mr. Uma Shankar Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504 and 304/34 of the Indian Penal Code. The prosecution case is that co accused Subhas Sah took loan of rupees twenty thousand from the informant with a promise to return the same within eight days but when the money was not returned within the stipulated period then the son of the informant went to collect money but it was not given. Subsequently the accused persons assaulted the son of the informant, the
Patna High Court Cr.Misc. No.17509 of 2016 (2) dt.26-04-2016 2/3 information to that effect was given by the informant to Panchayat Mukhiya, but in the meantime he received information that his son has been thrown at his door in serious condition. Subsequently, the son of the informant succumbed to the injury.
It is submitted by the learned counsel for the petitioner that on conclusion of investigation the petitioner was not sent up for trial but differing with the final form cognizance has been taken. Statement to the aforesaid effect has been made in paragraph 10 of the petition. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the petitioner was not sent up for trial on conclusion of investigation while others were chargesheeted, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Bettiah, West Champaran, in connection with Bettiah Mufassil P.S. Case No. 238 of 2014 subject to the conditions as laid
Patna High Court Cr.Misc. No.17509 of 2016 (2) dt.26-04-2016 3/3 down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T