Ganesh Sah @ Ganesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48425 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== 1.
Ganesh Sah @ Ganesh Kumar Son of Mahatam Sah Resident of Village - Gadi Tola, Deurwa, Police Station - Gopalpur, District - Gopalganj. 2.
Sanju Devi Wife of Ganesh Sah @ Ganesh Kumar Resident of Village - Gadi Tola, Deurwa, Police Station - Gopalpur, District - Gopalganj. 3.
Prabhu Singh Son of Timal Singh Resident of Village - Gadi Tola, Deurwa, Police Station - Gopalpur, District - Gopalganj. 4.
Radhika Devi Wife of Sandeep Kumar Resident of Village - Gadi Tola, Deurwa, Police Station - Gopalpur, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Sager Sharma For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024
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 147, 148, 149, 341, 323, 332, 353, 427, 504, 506 and 188 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos.2 and 4 are women and the informant alleges that on information, the accused persons including the petitioners have
Patna High Court CR. MISC. No.48425 of 2024(2) dt.05-09-2024 2/3 caused traffic jam, he along with the police force reached the place of occurrence and saw that named accused persons were leading the protest and on seeing the police force, created ruckus and obstructed the informant in discharge of his official duty and also set tyres on fire.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is also submitted that it is not the case of the informant that petitioners were leading the protest rather allegation against the petitioners is general and omnibus in nature. It is also submitted that these petitioners also reside nearby to the place occurrence, as such, they out of inquisitiveness had gone to the place of occurrence when ruckus was being created and came to be implicated.
5. Learned A.P.P. opposes the anticipatory 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
Patna High Court CR. MISC. No.48425 of 2024(2) dt.05-09-2024 3/3 amount each to the satisfaction of the learned A.C.J.M.-V, Gopalganj in connection with Gopalpur P. S. Case No.138 of 2022, 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