Allowed

Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah v. the State of Bihar

Patna HC8 Dec 2022CR. MISC./48466/2022

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to three petitioners arrested in an IPC murder case alleging false implication and FIR delay, ordering them to surrender with bail bonds and sureties within six weeks subject to Cr.P.C. conditions.

What did the court decide?

Enlargement on bail with Rs.25,000 bond and two sureties within six weeks of arrest or surrender.

Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah Vs the… — Cheating and Forgery | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48466 of 2022

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Arising Out of PS. Case No.-472 Year-2021 Thana- PHULPARAS District- Madhubani

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======================================================

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Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah S/O Swaroop Sah Resident Of Village- Chhotaki Sanghi, P.S.- Phulparas, District- Madhubani, Bihar

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Anil Kumar Sah @ Anil Sah S/O Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah Resident Of Village- Chhotaki Sanghi, P.S.- Phulparas, DistrictMadhubani, Bihar

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Sunil Sah @ Sunil Kumar Sah S/O Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah Resident Of Village- Chhotaki Sanghi, P.S.- Phulparas, District- Madhubani, Bihar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Prabhakar Thakur For the Opposite Party/s : Mr.Chandra Bhushan Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 08-12-2022

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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Learned counsel for the petitioners undertakes to remove the defects within three weeks.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that occurrence took place on 15.10.2021 but the FIR has been lodged on 10.12.2021 after delay of two

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Patna High Court CR. MISC. No.48466 of 2022(2) dt.08-12-2022 2/3

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months. He submits that there is case and counter case between the parties. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no eye witness to occurrence and petitioners have been made accused in this case due to suspicion. He submits that son of the informant has filed an application regarding the death of the deceased which was later on registered as Phulparas U.D. Case No. 09 of 2021. From the perusal of the U.D. Case it is evident that none of the petitioners have been named in the same. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case and the fact that there is delay in filing the FIR, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Phulparas P.S. Case No. 472 of 2021,

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Patna High Court CR. MISC. No.48466 of 2022(2) dt.08-12-2022 3/3

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subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Gaya Prasad Sah @ Ganga Prasad Sah @ Bhulla Sah v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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