Jivan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47343 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

Jivan Sah, S/o Baldeo Sah, Resident of Village- Aadarshnagar, P.O. and P.S.- Sultanganj, District- Bhagalpur.

2.

Vikky Kumar Sah, S/o Jivan Sah, Resident of Village- Aadarshnagar, P.O. and P.S.- Sultanganj, District- Bhagalpur.

3.

Vikash Kumar Sah, S/o Jivan Sah, Resident of Village- Aadarshnagar, P.O. and P.S.- Sultanganj, District- Bhagalpur.

4.

Aakash Kumar Sah @ Aakash Kumar, S/o Jivan Sah, Resident of VillageAadarshnagar, P.O. and P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 This is an application for grant of anticipatory bail in connection with Sultanganj P.S. Case No. 80 of 2019, disclosing offences under Sections 147, 148, 149, 34, 323, 379, 384, 307, 506 of IPC.

Prosecution case as per F.I.R. is that accused persons including the petitioners came to shop of the informant and abused her husband and demanded ransom of Rs.50,000/-. Thereafter, there is allegation against petitioner no.3 is that he entered inside the shop and took out Rs.4000/- from the cash

Patna High Court CR. MISC. No.47343 of 2019(2) dt.30-07-2019 2/3 box. On objection, her husband was brutally assaulted. There is allegation against the petitioner no.4 that he put revolver from the chest of her husband. The other accused persons were armed with lathi, danda and revolver and her husband was assaulted by lathi and danda, causing injury.

Submission of the learned counsel for the petitioners is that informant and petitioners are running the shops at Sultanganj market and due to the business rivalry, they have falsely been implicated in this case. Further submission is that petitioners' side also a case has been lodged against the informant and others, being Sultanganj P.S. Case No. 164 of 2018 quite earlier lodged of this case, as such, the present case has been lodged with a view to pressurize the petitioners. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction oflearned A.C.J.M., 1st, Bhagalpur, in connection with Sultanganj P.S. Case No. 80 of 2019, subject to the condition laid down under

Patna High Court CR. MISC. No.47343 of 2019(2) dt.30-07-2019 3/3 Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T