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Patna High CourtCR. MISC./20871/2019bail granted

Pawan Sah @ Pawan Kumar Gupta v. The State Of Bihar

2019-04-04Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20871 of 2019 Arising Out of PS. Case No.-25 Year-2018 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== 1.

PAWAN SAH @ PAWAN KUMAR GUPTA Son of Sri Brahma Sah Resident of Village - Baliwan Sagar, P.S.- Bishambharpur, District - Gopalganj 2.

Ranjeet Kumar Yadav Son of Sri Ramashrav Yadav Resident of Village - Baliwan Sagar, P.S.- Bishambharpur, District - Gopalganj 3.

Irfan Ansari @ Irfan Ali Son of Imamuddin Mian Resident of Village - Baliwan Sagar, P.S.- Bishambharpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Yadav For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 177, 189, 353, 329 and 34 of the Indian Penal Code.

The prosecution case is that for construction of proposed Electric Sub-Station, lay out work was going on in presence of

Patna High Court CR. MISC. No.20871 of 2019(2) dt.04-04-2019 2/3 the Circle Officer, Kuchalkote, S.D.O., Gopalganj and other government officials, in the meantime, 100 to 150 unknown villagers, including the petitioner came and started abusing in protest of the ongoing work. Though the administration tried to pacify the matter, but they not only abused the government officials but also attempted to assault and thereby created obstruction in discharging the official duties. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner was instrumental in the alleged occurrence. Considering the accusation being omnibus and general coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Gopalganj in connection with Bishambharpur P.S. Case

Patna High Court CR. MISC. No.20871 of 2019(2) dt.04-04-2019 3/3 No.25 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T