Vishnu Sah @ Vishnu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20719 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Vishnu Sah @ Vishnu Kumar Sah S/o- Dinesh Sahu @ Dinesh Sah Resident Of Village- Bajidpur Ps- Manigachhi (Bajidpur OP), Distt- Darbhanga 2.

Dinesh Sah son of Late Arjun Sah Resident Of Village- Bajidpur PsManigachhi (Bajidpur OP) Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Manigachhi P.S. Case No. 245 of 2023, lodged on 15.11.2023, under Sections 147/148/149/323/307/333/353/427/447/504 of the I.P.C.

3. As per the prosecution, the FIR has been lodged against ten named including the present petitioners and 30-40 unknown accused persons against whom there is allegation of assault on the police party and damage of police vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The

Patna High Court CR. MISC. No.20719 of 2024(2) dt.02-04-2024 2/2 petitioners are in custody since 22.12.2023 and is accused in one more criminal case, in which petitioner No.1 is on bail and final form has been submitted against petitioner No.2. Counsel submits that no overt-act has been alleged against the petitioners rather general and omnibus allegation have been levelled against all accused persons. Counsel submits that no independent witness has supported the case of the prosecution.

5. Learned counsel for the State opposes the prayer for bail and submits that allegation of assault on police party is there.

6. Considering the nature of offence, this Court is not inclined to grant bail to the petitioners. Hence, the prayer for bail of the petitioners is rejected. However, the petitioners may renew the prayer for bail after framing of the charge. (Dr. Anshuman, J) Mkr./- U T