Subhash Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27536 of 2018 Arising Out of PS.Case No. -132 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================
1. Subhash Sahani Son of Phuleshwar Sahani resident of Village - Balaha, P.S. Lalganj, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Ishwar Prasad, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with with Koilwar P.S.Case No. 132 of 2014, registered for offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.
The allegation against the petitioner is that when the husband of the informant went missing and suspicion was raised against the petitioner and others that the informant's husband being a sailor was being killed by his companion like petitioner. Submission of the learned counsel for the petitioner is that the petitioner is named in the F.I.R. and the case is of the year, 2014. It is also submitted that there is no any specific allegation has been attributed against the petitioner and he had no
Patna High Court Cr.Misc. No.27536 of 2018 (3) dt.15-05-2018 2/2 knowledge about the present case and the similarly situated coaccused have been granted Anticipatory bail vide orders dated 10.02.2015 passed in Cr. Misc. No. 5361 of 2015 and vide order dated 29.06.2015 passed in Cr. Misc. no. 49753 of 2014. Learned A.P.P. opposes the prayer for bail.
However on the ground that the case is of the year 2014 and the petitioner is named in the F.I.R., I am not inclined to grant bail to the petitioner after four years and if the petitioner surrenders before the Court below and makes prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.
With this observation, this application is disposed of. (Vinod Kumar Sinha, J) Sudha/- U T