Satyendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44100 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- GARKHA DistrictSaran ====================================================== SATYENDRA SAH, aged about 35 years, male, Son of Late Sri Kishun Sah Resident of Village-Jigna, P.S.-Garkha, District-Saran at Chapra. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajeev Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 324, 326 and 504/34 of the Indian Penal Code registered in connection with Garkha P.S. Case No. 128 of 2019.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusation of assault on the informant's head with khanti is omnibus against the petitioner as well as co-accused Triloki Sah. Injuries sustained by the informant is simple in nature. Statement is made at the Bar that the aforesaid co-accused Triloki Sah similarly situated has been granted anticipatory bail by a coordinate Bench of this Court. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.44100 of 2019(2) dt.18-07-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate14, Saran at Chapra in connection with Garkha P.S. Case No. 128 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T