Amar Kumar @ Amar Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21111 of 2025 Arising Out of PS. Case No.-173 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== 1.
Amar Kumar @ Amar Mahato S/o Prabhu Mahato R/o Village Nawada Gumhariya, P.S. - Jadavpur, District- Gopalganj 2.
Ganesh Mahato S/o Haguni Mahato R/o Village Nawada Gumhariya, P.S. - Jadavpur, District- Gopalganj 3.
Sheshnath Mahato S/o Sudama Mahato R/o Village Nawada Gumhariya, P.S. - Jadavpur, District- Gopalganj 4.
Sandeep Yadav @ Vikash Kumar S/o Ranglal Yadav @ Ranglal Chaudhari R/o Village Nawada Gumhariya, P.S. - Jadavpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jadopur Police Station Case No. 173 of 2024, disclosing offences under Sections 191(1), 191(2), 191(3), 126(2), 115, 118(2), 121(1), 121(2), 132, 352, 351(1), 109, 324(4), 326(f) of the BNS, 2023.
3. As per the prosecution case, on 26.10.2024, at about 7.30 in the morning, police got the information that local villagers have blocked the main road and have kept one dead
Patna High Court CR. MISC. No.21111 of 2025(2) dt.23-04-2025 2/3 body due to which the passerbys were having inconvenience. Upon such information, the police party reached near the place of occurrence and saw that the petitioners along with 82 named accused persons and 150 to 200 unknown persons have blocked the road and the dead body of one unknown person was lying on the road. They started raising slogans against the police party and abused them also. In the meanwhile, the accused persons started pelting stones on the police party due to which one home guard constable sustained injury.
4. Learned Counsel for the petitioners submits that though petitioners are named in the FIR, but there is no specific allegation against them and general and omnibus allegation has been made against named accused persons along with 150 to 200 unknown persons. Similarly situated accused persons named in the FIR have been granted anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. Nos. 17530 of 2025, 16377 of 2025, 16772 of 2025.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that some of the similarly situated accused persons have been granted anticipatory bail by a coordinate bench of this court in Cr. Misc. Nos. 17530 of 2025, 16377 of 2025, 16772 of 2025, I
Patna High Court CR. MISC. No.21111 of 2025(2) dt.23-04-2025 3/3 am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Goplaganj, in connection with Jadopur Police Station Case No. 173 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T