Dasrath Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34684 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -SONPUR RAIL P.S. District- SARAN ======================================================

1. Dasrath Sahni, Son of Binda Sahni, Resident of Village- Paharpur Toi, P.S.- Deshari, District- Vaishali.

2. Rajesh Sah, Son of Umesh Sah, Resident of Village- Anjarabad, P.S.- Sahdei O.P., District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2018 Learend counsel for the petitioners prayed to withdraw anticipatory bail petition of petitioner no.1 Dasrath Sahni, who has already been arrested.

Prayer is allowed.

The anticipatory bail petition of petitioner no.1 Dasrath Sahni is dismissed as has become infructuous. Heard both sides.

The petitioner apprehends his arrest in Sonepur Hajipur Rail P.S. Case No.101/2017 registered under Section 401/34 of the Indian Penal Code.

The informant alleged that some criminals were preparing to commit cognizable offence and on such a raid was

Patna High Court Cr.Misc. No.34684 of 2018 (2) dt.03-07-2018 2/2 conducted. Amarjit Das @ Ranjit Das was apprehended, who disclosed the name of the petitioner and other accused persons. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in this case.

Considering the aforesaid fact and the nature of allegation made against the petitioner, the petitioner no.2 namely Rajesh Sah, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. (Railway), Sonepur, Hajipur, in connection with Rail P.S. Case No.101/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Amit/- U T