Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51154 of 2016 Arising Out of PS.Case No. -218 Year- 2015 Thana -SHEOHAR District- SHEOHAR ====================================================== Sanjay Sah Son of Late Raghu Sah, resident of Village- Mathurapur, P.S.- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 302, 379 and 120(B) of the Indian Penal Code. Allegation is that the accused persons including the petitioner assaulted the grand son of the informant, namely, Md. Samsad Alam and his friend Md. Abid by means of lathi, rod, stones and bricks, due to which they became seriously injured. They also took away one laptop and Rs.43,200/-of grand son of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.51154 of 2016 (2) dt.29-11-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The deceased was trying to flee away after committing the crime. In course of fleeing away number of people is said to have assaulted the deceased. Similarly situated other co-accused has been granted bail vide Annexure-2 to the present application. The date of occurrence is 3.10.2015, whereas F.I.R. has been instituted on 10.10.2015. Delay has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S. case No.218 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T