Bipin Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.24595 of 2017 (3) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24595 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipin Sah, son of Late Gangajal Sah, resident of Village- Ghanshyam, Pakadi, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pipra P.S. Case No. 163 of 2016, registered under Sections 394 and 412 of the Indian Penal Code.

The accusation is that petitioner along with his son, Kundan Kumar Tiwary, proceeded to his house keeping cash of Rs.1,48,000/- in a bag boarding at motorcycle to distribute between the customers. In the way, three persons tried to snatch the bag containing cash then son of the informant made protest, on which, one of miscreants caused injury at the head of son of the informant through the butte of pistol and another miscreants took

Patna High Court Cr.Misc. No.24595 of 2017 (3) dt.30-06-2017 the bag from the son of the informant. On raising alarm, accused persons fled away while one accused person was caught hold, who disclosed his name as Kamlesh Sah and also disclosed the name of petitioner and Anu as his associates.

Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to dirty village politics petitioner has falsely been implicated in the present case. Further submission is that petitioner is accused in two other cases, but in both cases, he is on bail and in the present case, he is in custody since 05.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Motihari, in connection with Pipra P.S. Case No. 163 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T