Shambhu Nath Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30381 of 2021 Arising Out of PS. Case No.-724 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== SHAMBHU NATH OJHA Son of Sri Basudeo Ojha Resident of VillageGujarwaliya, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 353, 336 and 337 of the Indian Penal Code and Sections 3/ 4 of the Public Gambling Act, 1867.

The prosecution case in brief is that the accused persons were playing gambling and seeing the police team, they started fleeing away leaving their goods and motorcycles and also causing hindrance and obstacle in discharging of official

Patna High Court CR. MISC. No.30381 of 2021(2) dt.15-02-2022 2/2 duties.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is general and omnibus allegation against this petitioner. He further submits that the petitioner was not apprehended at the spot.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 724 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T