Dhanu @ Amir Sohail@ Amir Suhail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28830 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Dhanu @ Amir Sohail@ Amir Suhail S/o Laddo @ Sohail Alam R/o VillageBedu Tola, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard Mr. Thakur Brajesh Singh, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Thawe P.S. Case No. 34 of 2024, F.I.R. dated 09.02.2024 for the offences punishable under Sections 147, 148, 149, 431, 353, 427, 504, 506 of Indian Penal Code and 3⁄4 of Prevention of Damage to Public Property Act.
3. As per the First Information Report, on information, police reached the place of occurrence and found some person had blocked NH-531 by burning tyres and other materials and
2/4 began raising slogan against the police and also manhandled the police personnel. The mob also stopped an ambulance carrying a patient and assaulted the driver.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR but from bare perusal of the FIR it transpires that there is no specific allegation of assault or overt act against the petitioner rather the allegation levelled against the accused persons including this petitioner is general and omnibus and similarly situated co-accused persons, namely, Sanjar @ Sanjar Alam vide order dated 03.07.2024 passed in Cr. Misc No. 40646 of 2024 and Sahnoor @ Shahenoor Alam vide order dated 11.04.2025 passed in Cr. Misc No. 22600 of 2025 have been granted the privilege of anticipatory bail by this Court.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, there is no specific allegation against the petitioner and the petitioner has clean antecedent and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of arrest
3/4 or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No. 34 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T