Kalicharan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56166 of 2022 Arising Out of PS. Case No.-3 Year-2016 Thana- NAYA RAM NAGAR District- Munger ====================================================== KALICHARAN SAH Son of Ramcharitra Sah Sah @ Jalo Sah R/V/MBariarpur Basti ( Kaliasthan), P.S- Bariarpur, Dist- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under section 7 of E.C Act. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been made accused in the present case on the statement of some witnesses examined by the I.O. in course of investigation. He further submits that from the perusal of FIR, the seized k.oil was given to one Sitaram Sah (Licensee PDS). There is no specific overt act against the petitioner. He further submits that neither the alleged vehicle nor
Patna High Court CR. MISC. No.56166 of 2022(2) dt.20-12-2022 2/2 the k. oil belongs to the petitioner. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Naya-RamNagar P.S. Case No.03 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T