Shankar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43047 of 2016 Arising Out of PS.Case No. -1241 Year- 2005 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shankar Sah Son of Late Ramjee Sah, Resident of Village- Dafarpur, Pachhiyari Tola, P.S.- Naokothi, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Registrar General, High Court, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara Mr. Satyaveer Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-10-2016 Heard Sri Ajay Thakur, learned counsel, who was assisted by Sri Sandip Kumar Gautam, learned counsel for the petitioner , learned Additional Public Prosecutor as well as Sri Satyaveer Bharti, learned counsel who has appeared on behalf of the High Court /opposite party no. 2.

The petitioner who is in custody since 15.6.2016 in Complaint Case No. 1241c of 2005 registered for the offence under Section 193 , 196 and 200 of the Indian Penal Code has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that it is true that earlier in Naokothi P.S. Case No. 67 of 2003 the petitioner had made a prayer for bail. Prayer for bail was

Patna High Court Cr.Misc. No.43047 of 2016 (4) dt.27-10-2016 2/2 allowed by a bench of this court on submission made by learned counsel for the petitioner. Subsequently it was noticed that incorrect statement was made and thereafter finally as per direction of this court the Registrar General of Patna High Court filed a complaint before the learned Chief Judicial Magistrate alleging commission of aforesaid offences by the petitioner. He submits that petitioner had not at all instructed learned counsel for the petitioner to make such statement. Learned Additional Public Prosecutor as well as Sri Satyaveer Bharti, learned counsel for the High Court have opposed the prayer for bail. However, keeping in view the nature of accusation and period of custody let the petitioner Shankar Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna / concerned court in connection with Complaint Case No. 1241c of 2005. (Rakesh Kumar, J) Praful/- U T