Arun Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49420 of 2017 Arising Out of PS. Case No.-62 Year-2017 Thana- PIPRAHI District- Sheohar ====================================================== Arun Sah S/o Siya Ram Sah, R/o Village- Dostiya, P.S.- Purnahiya, DistrictSheohar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. SRI SANJAY KUMAR SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Piprahi P. S. Case No. 62 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 353, 427 of the Indian Penal Code.
Due to death of a woman due to dashing by a truck the villagers in the leadership of Tej Narayan Sharma blocked the road after keeping the dead body burnt tyre on the road, attacked on the Police force causing injury and damaged the government vehicles. The petitioner is also named in the first information report.
Submission is of false implication and that in the first information report there is no specific allegation against the petitioner for committing any overt act, the allegations are
Patna High Court Cr.Misc. No.49420 of 2017(2) dt.18-10-2017 2/2 omnibus and general in nature, the petitioner was not present at the place of occurrence and he has been implicated with oblique motive, the petitioner has no criminal antecedent and further other similarly situated co-accused Upendra Sah, Manjay Sah @ Manjay Kumar and Sunil Sah have been allowed pre-arrest bail vide Cr. Misc. No. 47341 of 2017 by another co-ordinate Bench of this court and as such the petitioner deserves sympathetic consideration.
Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Vishal Kumar, J. M. Ist Class, Sheohar in connection with Piprahi P. S. Case No. 62 of 2017, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T