Chandan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45161 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- KATRAHA District- Vaishali ====================================================== CHANDAN SAH Son of Kanhai Sah @ Kanhai Prasad Gupta Resident of Village- Dhibra Par, Ghataro, P.S.- Kartaha, District- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Chandra For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This application, for grant of anticipatory bail, arises out of Kartaha P.S. Case No. 30 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 353, 332, 333, 337 of the Indian Penal Code.
Allegation as per self statement recorded by SHO, Vaishali Police Station, to the effect that on information that some miscreants have assembled to commit an offence, arrested them and, thereafter, the villagers including the petitioner came and attacked the police party and got those miscreants freed. Apart from that it appears that petitioner is accused in three more cases.
Submission of learned counsel for the petitioner is that no specific allegation has been attributed to the petitioner and he has been made accused only on the basis of suspicion.
Patna High Court CR. MISC. No.45161 of 2019(2) dt.23-07-2019 2/2 Learned counsel for the State opposed the prayer for bail stating that not only he is named in the F.I.R. but also he bears three criminal antecedents.
Having heard both sides, considering the facts and circumstances as well as the fact that petitioner is an accused in three more cases, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail, which will be dispose of by the court below on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T