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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36239 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

PAWAN KUMAR SAH @ PAWAN SAH Son of Late Mahendra Sah Resident of village - Hasanpur, P.S.- Muffasil, District - Munger 2.

Niranjan Kumar Nirala @ Niranjan Sah @ Manni Son of Late Upendra Sah Resident of village - Hasanpur, P.S.- Muffasil, District - Munger 3.

Mahabir Sah @ Mahabir Kumar Son of Yogendra Sah Resident of village - Hasanpur, P.S.- Muffasil, District - Munger 4.

Sunil Sah Son of Late Dhaneshar Sah Resident of village - Hasanpur, P.S.- Muffasil, District - Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners stated in his supplementary affidavit that the petitioner nos.3 & 4 filed surrender-cum-bail application before the concerned Court below. Hence, he seeks permission to withdraw this application with regard to petitioner nos.3 & 4.

3. Permission is granted.

4. Accordingly, the instant application as against the petitioner no.3 & 4 is dismissed as withdrawn.

5. Now, this application is being heard for

Patna High Court CR. MISC. No.36239 of 2023(2) dt.28-07-2023 2/3 consideration of anticipatory bail as against the petitioner nos. 1 & 2 only.

6. Heard learned counsel for the rest of the petitioners and learned APP for the State.

7. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 353, 447, 504 and 56 of the Indian Penal Code pending in the learned court below.

8. As per the prosecution case, there is allegation against the petitioners along with other co-accused persons that they have obstructed the police party who has gone on the information that the illegal liquor has been kept in the house of the Balbir Shah.

9. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that petitioners are only a members of the mob. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

10. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.36239 of 2023(2) dt.28-07-2023 3/3 bail.

11. Considering the aforesaid facts and circumstances and the fact that petitioners are only members of the mob, let the petitioner nos.1 & 2, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Muffasil P.S. Case No.338/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T