Dhanoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8690 of 2022 Arising Out of PS. Case No.-256 Year-2016 Thana- MAHUA District- Vaishali ====================================================== DHANOJ KUMAR SAH S/o Baiju Sah @ Bijendra Sah R/o VillageHasanpur Bhadwas, P.S.- Mahua, Dist- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 504 and 506 of the Indian Penal Code. The informant alleges that on 28.06.2016 at about 8:00 am, on account of killing off ex-Mukhiya Savita Devi's mother-in-law, about 200-250 people under the leadership of exMukhiya gathered and started raising slogans against the police administration and created ruckus and even obstructed the movement of ambulance, cars, etc.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, the allegations are general and

Patna High Court CR. MISC. No.8690 of 2022(2) dt.02-09-2022 2/3 omnibus in nature and the petitioner resides in Ranchi, further twenty other accused persons have been granted anticipatory bail as has been specifically pleaded in paragraph '14' of the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt the petitioner based on parity is entitled for bail but then the case is of 2016 and the petitioner has moved this Court for seeking anticipatory bail after six years.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Mahua P.S. Case No. 256 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify whether any process under Section 82 Cr.P.C. has been issued against the petitioner or not. In the

Patna High Court CR. MISC. No.8690 of 2022(2) dt.02-09-2022 3/3 event, if any process under Section 82 of the Cr.P.C. has been issued against the petitioner, then the present order shall not be given effect to.

(Satyavrat Verma, J) Rishi/GauravU T