Ram Narayan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35833 of 2014 Arising Out of PS.Case No. -2411 Year- 2010 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Ram Narayan Sah son of Vishwanath Sah, resident of village- Majhariya, P.S.- Kateya, District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Suresh Prasad Gupta son of late Raghunath Prasad Gupta, resident of village-Majharia, P.S.-Kateya, District- Gopalganj .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party no.2 : Mr. Nirmal Kumar Tripathi, Advocate For the State : Mr. Ajay Kumar.1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with Complaint Case No.2411 of 2010 in which cognizance has been taken for the offences punishable under sections 302, 323 and 325 of the Indian Penal Code.
It has been contended that the entire prosecution case against the petitioner is false, fabricated and concocted due to enmity. Initially, the prosecution had lodged Kateya P.S. Case No.230 of 2008 in respect of the allegations made in the instant complaint but after completion of investigation the police had
Patna High Court Cr.Misc. No.35833 of 2014 (4) dt.01-04-2015 2/2 submitted final form. The learned Chief Judicial Magistrate, Gopalganj had also accepted the final form submitted by the police and, thereafter, the instant complaint was filed in which cognizance has been taken against the petitioner. Learned counsel for the State has opposed the prayer for bail.
Regard being had to the facts and circumstances of the case, let the above named petitioner, in the event of arrest or surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Jitendra Kumar, learned Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No.2411 of 2010/ Tr. No.1342 of 2012 arising out of Kateya P.S. No.230 of 2008 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T