Lakshman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63445 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- MANJHI District- Saran ====================================================== Lakshman Sah S/o Bishwanath Sah Residence of Village- Sabadara, P.S.- Manjhi, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Manjhi P.S. Case No. 146 of 2019, registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation made in the F.I.R., it is stated by the informant that she received information on telephone from her son-in-law on 21.05.2019 that as a result of differences in the family, four accused persons including the petitioner herein, entered into a conspiracy and set the house on fire as a result of which the daughter of the informant died.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature. The

Patna High Court CR. MISC. No.63445 of 2019(3) dt.05-02-2020 2/2 petitioner is the pattidar of son-in-law of the informant and he lives in his 'Phua's' house. There is unexplained delay in lodging of the FIR and the case of the petitioner stands on the similar footing to that of co-accused Birendra Sah, who has been enlarged on bail vide order dated 16.11.2019 passed in Cr. Misc. No. 60457 of 2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the grant of bail to similarly situated co-accused, this Court is inclined to grant bail to the petitioner and he is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Saran at Chapra in connection with Manjhi P.S. Case No. 146 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T