Jhunna @ Sakil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6502 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== JHUNNA @ SAKIL AHMAD S/o Mohammad Jan R/o- Indarwa Shakir, PSGopalganj, Distt- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Kumar Jha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 302, 34 and 120B of the IPC.

The allegation against the petitioner is that he along with other accused persons were assaulting the son of the informant by means of lathi and danda after tying him in a pole on the allegation of theft, which resulted in his death. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.6502 of 2023(2) dt.11-04-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner belongs to different village than the place of occurrence. Present case is counter-blast of Gopalganj P.S. Case No.435 of 2022, which was lodged against the deceased. Similarly situated other co-accused persons have been granted anticipatory bail vide orders dated 14.12.2022 and 19.12.2022 passed in Cr. Misc. No.57704 of 2022 and Cr. Misc. No.59886 of 2022 respectively.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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 Gopalganj Town P.S. Case No.434/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T