Dhannu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.643 of 2016 Arising Out of PS.Case No. -595 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. DHANNU SAH, son of Triveni Sah, resident of village-Amara Talab, Police Station-Sasaram (M), District-Rohtas at Sasaram,

2. Vijay Choudhary son of Bhanu Chaudhary, resident of village-Admapur (Tola), Police Station-Sasaram (M). District-Rohtas at Sasaram,

3. Upendra Pal @ Doctor son of Ganga Pal, resident of village-Dawanpur, Police Station-Sasaram (M), District- Rohtas at Sasaram,

4. Mewa Bind @ Mela Bind son of Tileshwar, resident of villageAdmapur (Tola), Police Station-Sasaram (M), District-Rohtas at Sasaram,

5. Pappu Sah son of Gopal Sah, resident of village-Amara Talab Police Station-Sasaram (M), District-Rohtas at Sasaram,

6. Chandan Chandravanshi son of Ashok Chandravanshi, resident of village-Amari, Police Station-Sasaram (M), District-Rohtas at Sasaram,

7. Vijay Gupta son of Ram Lakhan Gupta, resident of village-Amari, Police Station-Sasaram (M), District-Rohtas at Sasaram,

8. Bishambhar Choudhary @ Bishamber Choudhary son of Yogesh Choudhary, resident of village-Badhaiya, Police Station-Sasaram (M), District-Rohtas at Sasaram &

9. Chhotu Choudhary son of Ramesh Choudhary, resident of villageBasantpur, Police Station-Sasaram (M), District-Rohtas at Sasaram. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Sasaram (M) P.S. Case No. 595 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 324, 326, 337, 338, 353, 307, 427, 379 and 120B of the Indian Penal Code

and Section 27 of the Arms Act, Section 4/40 of the Bihar Mining Act and Sections 33, 41 and 42 of the Indian Forest Act. As per the prosecution case that a truck loaded with stone chips was intercepted and finding that it was being transported without valid authority, it was intercepted and taken to the police station when the mob attacked the informant, pelted stones and resorted to fire. The informant also fired from service revolver to disperse the crowd but the informant and other police personnel sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The FIR was lodged against 52 named and 32 to 35 unknown accused persons. General and omnibus allegation has been made against the petitioners. The other co-accused persons have been granted anticipatory bail by this Court vide Annexure-2 and 3 series of the present application. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sasaram (M) P.S. Case No. 595 of 2015 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 CJM, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T