Mukesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41200 of 2023 Arising Out of PS. Case No.-151 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== 1.
Mukesh Sah, S/O Ganeshi Sah R/O Village- Hariharpur, Ps. Madhuban, Dist. East Champaran 2.
Arun Sah @ Arun Kumar Sah, S/O Jiyalal Sah R/O Village- Hariharpur, Ps. Madhuban, Dist. East Champaran 3.
Brahmdev Sah, S/O Late Chhathu Sah R/O Village- Gandhi Chauk Madhuban, Ps. Madhuban, Dist. East Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 188, 143, 147, 148, 149, 341, 323, 324, 325, 353, 307, 504, 506, 120B of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners had blocked the road and were protesting the accidental death of Himanshu Kumar and they even assaulted the police force and
Patna High Court CR. MISC. No.41200 of 2023(2) dt.07-08-2023 2/2 tried to snatch arms.
4. The learned counsel for the petitioners submits that petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation is not specific rather are general and omnibus in nature.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 4th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Madhuban P. S. Case No.151 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T