Sanjeev Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74333 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- BELA District- Sitamarhi ====================================================== SANJEEV SAH, Son of Kaplu Sah Resident of Village - Sirsiya Bazar, P.S.- Bela, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bela P.S. Case no. 123 of 2019, registered under Sections 147, 149, 323, 341, 332, 353 and 504 of the Indian Penal Code and Section 37(b) and 37(C) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that on receiving the information about creating nuisance by some persons at Sirsiya Bazar in drunken state, the informant along with other Police personnel reached there then some persons were seen from which smell of liquor was coming from their mouth. At that time, one person disclosed his name as Raj Mangal Sah, who was taken in custody. At that time, Sanjeev Sah (petitioner), Rambinay

Patna High Court CR. MISC. No.74333 of 2019(2) dt.06-02-2020 2/2 Thakur and five unknown started to create nuisance and dashed the Chowkidar and tried to snatch firearm and pelting stones on Police and they tried to set free the caught hold person Raj Mangal Sah. The persons present there disclosed that Ram Binay Thakur and two others were boarded on one motorcycle and petitioner and two others were boarded on another motorcycle, who tried to snatch rifle from the Police. Learned counsel for the petitioner submits that petitioner was not present at the time of occurrence his name has been disclosed by local Chowkidar due to village dirty politics. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.D.J-II-cum-Spcial Judge, Excise Act, Sitamarhi in connection with Bela P.S. Case No. 123 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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