Rambali Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4550 of 2024 Arising Out of PS. Case No.-914 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rambali Sah S/O Panchu Sah Village- Neuri, Ps. Ahiyapur, Dist. Muzaffarpur (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. This is the second attempt of the petitioner for grant of anticipatory bail. Earlier the anticipatory bail application of the petitioner was dismissed for non-prosecution by this Court vide order dated 23.11.2021 passed in Cr. Misc. No. 81372 of 2019.

4. As per the prosecution case, the informant alleged that the petitioner along with other co-accused persons had killed his son.

Patna High Court CR. MISC. No.4550 of 2024(2) dt.09-02-2024 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the police after investigation submitted final form against the petitioner but the learned Court below differed the final form and took cognizance against the petitioner. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Considering 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ahiyapur P.S. Case No. 914 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T