Gandauri Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10537 of 2023 Arising Out of PS. Case No.-416 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Gandauri Sah Son of Sogarath Sah @ Ram Sogarath Sah @ Ram Swarath Sah R/V- Baghi P.S- Begusarai Town (Lohiyanagar) Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. As per the prosecution case, all the accused persons including petitioner variously armed arrived at the door of informant and started abusing. On protest, co-accused Ratan Sah demanded Rs. 50,000/- as extortion. Thereafter, co-accused Hareram Sah assaulted the informant on his head with iron rod. Co-accused Jawahar Sah snatched gold chain from the neck of informant.
It is submitted that there is no allegation of any specific overt act against petitioner. Specific allegation is
Patna High Court CR. MISC. No.10537 of 2023(2) dt.16-05-2023 2/2 against other co-accused persons. Petitioner is only alleged to be member of unlawful assembly. Similarly situated co-accused have been granted bail by this Court vide order dated 23.01.2023 passed in Cr. Misc. No. 56611 of 2022. Petitioner claims clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town (Lohiyanagar) P.S. Case No. 416 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T