Raj Bali Sah @ Babulal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77783 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== RAJ BALI SAH @ BABULAL SAH SON OF HALKHORI SAH RESIDENT OF VILLAGE SEMRIYA PS BARHARA DISTT BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Singh For the Opposite Party/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard the parties.
2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 120B, 384, 419, 420 of the IPC, 66-D of I.T. Act and 28 of Arms Act.
3. Allegedly, a viral video in newspaper in which eight boys were holding country made pistol in their hands, thereafter on verification from the local persons regarding photos of boys in viral video, petitioner was made accused.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. There is no material evidence against the petitioner. He further submits that there is no
Patna High Court CR. MISC. No.77783 of 2023(2) dt.07-12-2023 2/2 recovery of arms from the possession of the petitioner hence, no offence is made out against the petitioner. Petitioner has one criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Barahara P.S. Case No.45 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T