Bharat Sah @ Bharat Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79856 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- NAUHATTA District- Saharsa ====================================================== BHARAT SAH @ BHARAT KUMAR SAH Son of Pavitar Sah Resident of Village - Jori Punarwas, P.S.- Nauhatta, Distt - Saharsa, At present Village - Nauhatta, P.S.- Nauhatta, Distt - Saharsa.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is seeking anticipatory bail in connection with Nauhatta P.S. Case No. 8 of 2018 registered under Sections 147, 148, 149, 341, 342, 323, 406, 420, 467, 468, 120B of the Indian Penal Code.
Learned counsel for the petitioner submits that the thrust of the allegations are against accused nos. 1 to 6 and in fact there is no whisper of allegation against this petitioner, however petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the thrust of the allegations are against accused nos. 1 to 6 and in fact there is no whisper of allegation against this petitioner in the complaint petition and further that those
Patna High Court CR. MISC. No.79856 of 2019(3) dt.16-12-2019 2/2 accused nos. 1 to 6 have ben granted privilege of anticipatory bail by learned coordinate Benches of this court as also that the submission of learned counsel for the petitioner has not been controverted on behalf of the State, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saharsa, in connection with Nauhatta P.S. Case No. 8 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T