Arun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63271 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Arun Sah Son of Bangali Sah village- Shekhpur, Ps- Ahiyapur, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1260 of 2023 registered for the offences punishable under Sections 302/120(B) of the Indian Penal Code.

3.

As per the prosecution case, on 01-10-2023 all the accused persons, including the petitioners killed the informant's brother-in-law by slitting his throat after hatching conspiracy. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is stated to be man of clean antecedent. No specific allegation is attributed against the petitioner, rather allegation is

Patna High Court CR. MISC. No.63271 of 2024(2) dt.30-08-2024 2/2 general and omnibus. There is subsisting land dispute between the parties. In course of investigation, nothing adverse has come against the petitioner implicating him in the alleged occurrence. Similarly situated co-accused, namely, Golu Kumar, has been enlarged on anticipatory bail by this Court vide order dated 0908-2024, passed in Cr. Misc. No. 49643 of 2024. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten 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 connection with Ahiyapur P.S. Case No. 1260 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T