Sandeep Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86384 of 2023 Arising Out of PS. Case No.-659 Year-2020 Thana- AMARPUR District- Banka ====================================================== Sandeep Sahay Son Of Late Keshab Mohan Sahay Resident Of Bank Colony4, Hatiya Road Tilkamanjhi, Police Station- Tilkamanjhi, District- Bhagalpur, State- Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Kishore Ishwar Son Of Late Mahadeo Ishwar Resident Of VillageMohaddinagar, Gopalpur, Police Station- Amarpur, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate Mr.Pravashankar Mishra, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 406, 420, 504, 506 of the Indian Penal Court and 138 of the Negotiable Instrument Act.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant.

4. It is next submitted that the dispute is purely civil to which a criminal colour has been given. The learned counsel next relies on an order dated 05.09.2022 in Cr. Misc. No.9469 of 2022 (Sanjeet Sahay @ Sanjeet Sahai Vs. The State of Bihar) to

Patna High Court CR. MISC. No.86384 of 2023(4) dt.19-04-2024 2/2 submit that the case of the petitioner if not akin is similar to the case of Sanjeet Sahay. It is further submitted that Sanjeet Sahay has been granted the privilege of anticipatory bail, thus seeking parity submits that petitioner should also be granted the privilege of anticipatory bail.

5. The learned APP opposes the anticipatory bail application, but then is not in a position to rebut the submission of the learned counsel for the petitioner, that the case of the petitioner is on a similar footing as that of Sanjeet Sahay.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.659 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T