Bashishtha Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72685 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== 1.
Bashishtha Sah, S/o Moti Sah, R/o village- Panchdevari, P.S.- Kateya, District- Gopalganj 2.
Moti Sah, S/o Late Surjan Sah, R/o village- Panchdevari, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This is an application for grant of anticipatory bail in connection with Kateya P. S. Case No. 99 of 2019, disclosing offences under Sections 302, 120B, 34 of IPC. As per F.I.R. there is allegation that when the deceased has gone to attend the call of nature, she was killed by accused persons. Petitioner is not named in the F.I.R. The other five persons are named in the F.I.R., but later on, in the confessional statement, name of the petitioner transpired. Submission of the learned counsel for the petitioner is that except that his name transpires on the basis of suspicion, no specific allegation has been attributed against him. Moreover, police after investigation, has submitted final form not find the case true against the petitioner, but the cognizance has been
Patna High Court CR. MISC. No.72685 of 2019(3) dt.09-12-2019 2/2 taken against him.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-XV, Gopalganj, in connection with Kateya P. S. Case No. 99 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition to co-operate in disposal of the trial and appear before the learned court below as and when required. (Vinod Kumar Sinha, J) Sunil Shukla/- U T