Fulo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31654 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Fulo Sahani son of Domi Sahani Resident Of Village- Jayantipur Ward No. 2, Ps- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bahera P.S. Case No. 89 of 2023 dated 15.02.2023 registered for the offences punishable u/ss 147, 341, 323, 353, 332, 307, 337 and 427 of the Indian Penal Code.

3. As per the prosecution case, some local miscreants are alleged to have blocked the main road due to an accident in which a child had died and caused hindrance in discharging official duties of the police personnel. The instigated mob pelted stone and damaged private vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.31654 of 2024(2) dt.02-08-2024 2/2 petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired only on the instance of local people. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 07.07.2023 passed in Cr. Misc. No. 36661 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Banipur, Darbhanga in connection with Bahera P.S Case No. 89 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T