Hanslal Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.27504 of 2015 (4) dt.03-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27504 of 2015 Arising Out of PS.Case No. -153 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hanslal Sah S/o Siya Ram Sah R/o village- Banjaria, P.S. - Madhuban, Dist. - East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 153 of 2013 registered for the offences punishable under Sections 302,307/34 the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that though he is not named in the first information report but subsequently, at a belated stage, on super vision, an unknown spy has taken the name of the petitioner stating that he was one of the persons, who had supported the incident and it was suspected that he had participated in the same.
Considering the facts and circumstances of the case and
Patna High Court Cr.Misc. No.27504 of 2015 (4) dt.03-11-2015 there is no cogent material in the case diary to implicate the petitioner, save and except, the aforementioned statement made by the said spy, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Sikarhana at Motihari in connection with Madhuban P.S. Case No. 153 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T