Ramchandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47601 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- INARWA District- West Champaran ====================================================== RAMCHANDRA SAH, aged about 66 years, Male, Son of Chhathu Sah, Resident of Village - Pirari, P.S.- Inarwa, District - West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Inarwa P.S. Case No. 24 of 2019 for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 353, 307, 332, 333, 337, 186, 188, 109, 431, 427, 386, 504 and 506 of the Indian Penal Code and 3 and 4 of the Prevention of Damage to Public Property Act.

The accusation is that on preceding day of Lok Sabha Election, the checking of the vehicle was being done by the police officials, at that time Dhananjai Sah of village Pindari came and intervened in the checking of the vehicle and started obstruction in the discharge of the duty of the police officials, then, the police informed the informant at Police Station and informant moved for there boarding on a motorcycle. The mob

Patna High Court CR. MISC. No.47601 of 2019(2) dt.31-07-2019 2/3 surrounded him and started abusing, thereafter, information was given to the high police officials, then, the Officer-in-Charge, Mainatand Police Station, reached there and tried to convince the mob, but, at that time brick and stone pelting started in which some police personnel sustained injury and mob also damaged the Government vehicle and dashed in the canal. Any how, informant saved himself by concealing in a shop. The local Chowkidar, Lallan Prasad, identified 36 persons, including the petitioner, out of the mob. The mob was led by Dhananjay Sah and Parmeshwar Giri.

The submission of the learned counsel for the petitioner is that while the petitioner named in the first information report, but, no specific overt act has been attributed against the petitioner and the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Inarwa P.S. Case No. 24 of 2019 shall be released on pre-arrest bail on furnishing bail bond of

Patna High Court CR. MISC. No.47601 of 2019(2) dt.31-07-2019 3/3 Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Shahi, Judicial Magistrate, 1st Class, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T