Shankar Sah @ Shankar Ji Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68981 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Shankar Sah @ Shankar Ji Sah Son of Ajay Kumar Sah @ Ajay Sah Resident of Village- Koran Sariyan, P.S.- Koran Sariyan in the district of Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Sasaram Muffasil P.S. Case No. 70 of 2022 registered for the offences punishable under Sections 448, 457, 436, 379 and 506/34 of the Indian Penal Code (in short 'I.P.C.').

The allegation against this petitioner is to cause mischief by fire in the house of informant alongwith other co-accused persons due to previous enmities.

Learned counsel appearing on behalf of the petitioner submitted that the thrust of allegation is available against co-accused

Patna High Court CR. MISC. No.68981 of 2022(2) dt.27-04-2023 2/2 Dinesh Sah and not against this petitioner. It is submitted that even the petitioner was not spotted during the course of occurrence and his implication is only for the reason that he is the brother of main coaccused Dinesh Sah. While concluding the argument it is submitted that petitioner found involved in two more cases, where he is on bail. Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above, as thrust of allegation available against co-accused Dinesh Sah not against this petitioner, let the above named petitioner, in the event of his arrest or surrender within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/concerned Court, where the case is pending in connection with Sasaram Muffasil P.S. Case No. 70 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.