Sunil Kumar Sah vs The State Of Bihar
2021 Latest Caselaw 1319 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31710 of 2020
      Arising Out of PS Case No.-2 Year-2020 Thana- BARAUNI District- Begusarai
======================================================

Sunil Kumar Sah, Male aged about 45 years, Son of Ram Chalitra Sah, Resident of Village - Ninga, PS- Barauni, District - Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Mr. Ajay Kumar Mukherjee, Advocate
For the State           :        Mr. Umesh Lal Verma, APP
For the Informant       :        Mr. Ajay Kumar Tiwary, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-03-2021

Heard Mr. Ajay Kumar Mukherjee, learned counsel for

the petitioner; Mr. Umesh Lal Verma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Ajay Kumar Tiwary, learned counsel for the informant.

2. The petitioner apprehends arrest in connection with

Barauni PS Case No. 02 of 2020 dated 01.01.2020, instituted

under Sections 302, 120B of the Indian Penal Code and 27 of the

Arms Act, 1959.

3. The allegation against the petitioner and others is that

they had threatened to kill the son of the informant a week back in

the background of him having love affairs with the daughter of Patna High Court CR. MISC. No.31710 of 2020 dt.08-03-2021

another co-accused who was also later married and thereafter the

dead body was recovered disclosing gunshot injury.

4. Learned counsel for the petitioner submitted that he

has no role in the rivalry between the two families and because his

land is situated next to the land of the father of the maternal

nephew of the informant and he acted as middleman in fixing the

marriage of the girl, he has been made accused. It was submitted

that during investigation also, except for bald statement that all the

accused including the petitioner were involved in conspiracy,

nothing specific has come against him. It was submitted that the

petitioner who is not related to the girl cannot be expected to plan

and commit murder for the sake of others knowing fully well that

he is risking his entire life and career. Learned counsel submitted

that the petitioner does not have any criminal antecedent. Learned

counsel submitted that one co-accused i.e., the mother of the girl

namely Ahiliya Devi has been granted anticipatory bail by a co-

ordinate Bench by order dated 03.12.2020 passed in Cr. Misc. No.

26302 of 2020.

5. Learned APP, from the case diary, submitted that there

is allegation that the petitioner also had come and threatened to

kill the son of the informant whose body was later found with

gunshot injury and that he was involved in the conspiracy.

Patna High Court CR. MISC. No.31710 of 2020 dt.08-03-2021

However, he could not controvert that nothing specific has come

during investigation with regard to the role of the petitioner.

6. Learned counsel for the informant submitted that the

petitioner is said to be one of the persons who had come to the

house of the informant and threatened to kill his son.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate/Successor Court, Begusarai in

Barauni PS Case No. 02 of 2020, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner and he shall

co-operate with the police/prosecution and the Court. Any

violation of the terms and conditions of the bonds or failure to co-

operate shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to Patna High Court CR. MISC. No.31710 of 2020 dt.08-03-2021

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T