Arvind Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7372 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Arvind Sah Son Of Krishna Sah Resident Of Village - Singaha, P.S. - Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 466 of 2023 dated 16.04.2023 for the offences punishable u/ss 304, 308, 328, 201 read with Section 34 of the Indian Penal Code and u/ss 33, 34, 37 and 41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant (S.I.) got information that some persons became ill under mysterious circumstances under Turkauliya jurisdiction and amongst them some died during the course of their treatment and the deadbodies were cremated in haste.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.7372 of 2024(2) dt.19-02-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during the course of investigation. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of this court vide order dated 30.08.2023 passed in Cr. Misc. No. 57383 of 2023. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 466 of 2023, subject to conditions as laid down under

Patna High Court CR. MISC. No.7372 of 2024(2) dt.19-02-2024 3/3 section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T