Chandan Sah @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40025 of 2020 Arising Out of PS. Case No.-534 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

CHANDAN SAH @ CHANDAN KUMAR Son of Ashok Sah Resident of Village - Bhojpurwa, P.S. - Manjhagarh, District - Gopalganj. 2.

SURAJ SAH @ SURAJ KUMAR SAH Son of Ashok Sah Resident of Village - Bhojpurwa, P.S. - Manjhagarh, District - Gopalganj. 3.

CHUMAN SAH Son of Ashok Sah Resident of Village - Bhojpurwa, P.S. - Manjhagarh, District - Gopalganj.

4.

LALAN SAH @ RAMAN SAH Son of Ashok Sah Resident of Village - Bhojpurwa, P.S. - Manjhagarh, District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in Gopalganj (Town) P.S. Case No. 534 of 2018 registered under Sections 147, 148, 149, 150, 152, 353, 504, 323, 307, 427 & 120-B of the Indian Penal Code.

Allegedly, in course of removing encroachment, the

Patna High Court CR. MISC. No.40025 of 2020(2) dt.20-09-2021 2/3 accused persons created nuisance and in consequence thereof, started pelting brick-stone and also started to assault the government officials. The government vehicles were also damaged.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The other co-accuseds with similar allegation have been granted anticipatory bail by coordinate benches of this court vide Annexures-2, 3 & 4 of this application. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 534 of 2018 subject to the conditions as laid

Patna High Court CR. MISC. No.40025 of 2020(2) dt.20-09-2021 3/3 down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T