Surendra Sah @ Surendra Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33643 of 2014 Arising Out of PS.Case No. -180 Year- 2012 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Surendra Sah @ Surendra Prasad Sah, Son of Late Bhuneshwar Sah, resident of Village- Inayatpur, P.S.- Daudpur, District- Chapra (Saran). .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Dhramveer, Adv. For the Opposite Party : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 04-02-2015 The petitioner apprehends his arrest in Gopalganj (Town) P.S. Case No.180 of 2012 instituted under Section395/120B of the Indian Penal Code. The petitioner is not named accused in the present case. He is being sought to be arrested on the basis of confession of a co-accused in another case, namely, Mohamadpur P.S. Case No.53 of 2012, which was a case later instituted in which petitioner was also arrested and has been granted bail i.e. a case under Section-395 of the Indian Penal Code.

Learned counsel for the petitioner states that having been wrongly arrested in the said case, police has allegedly recorded confession with regard to the present case but the falsity of the police is writ large that police never sought remand of the petitioner who was already in custody in respect of the present case. It is an afterthought by the police only to implicate the

Patna High Court Cr.Misc. No.33643 of 2014 (02) dt.04-02-2015 2/2 petitioner.

Be that as it may, in the event of arrest or surrender within four weeks from today, the petitioner, namely, Surendra Sah alias Surendra Prasad Sah, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj (Town) P.S. Case No.180 of 2012, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code. (Navaniti Prasad Singh, J.) Trivedi/- U T