Ashok Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25798 of 2022 Arising Out of PS. Case No.-161 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== Ashok Sahani S/o Baidyanath Sahni Resident of Village- Sadhanpura, PostRampur Bheriyahi, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2022 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 Section 307 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, 19 FIR named accused persons including petitioner and 200 unknown persons having armed with weapons attacked on the police party, damaged the vehicle, tried to snatch their weapons and created hindrance in their discharge of official duty.
It is submitted that allegation is general and omnibus allegation and no specific overt act has been alleged against this petitioner. No one has sustained injury in the alleged
Patna High Court CR. MISC. No.25798 of 2022(2) dt.13-09-2022 2/2 occurrence. 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 Additional Chief Judicial Magistrate IVth, Muzaffarpur (West) in connection with Kathaiya P.S. Case No. 161 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T