Anant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58675 of 2024 Arising Out of PS. Case No.-208 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

Anant Sah S/o- Late Ramayan Sah Village- Anuraiya, Ps- Kundwa Chainpur Dist- East Champaran 2.

Arjun Sah son of Late Ram Narayan Sah Village- Anuraiya, Ps- Kundwa Chainpur Dist- East Champaran 3.

Akhilesh Sah son of Anant Sah Village- Anuraiya, Ps- Kundwa Chainpur Dist- East Champaran 4.

Chunu Sah son of Arjun Sah Village- Anuraiya, Ps- Kundwa Chainpur DistEast Champaran 5.

Tarkeshwar Sah @ Tarkeshwar Kumar son of Anant Sah Village- Anuraiya, Ps- Kundwa Chainpur Dist- East Champaran 6.

Nanhak Sah @ Ramcharan Sah son of Arjun Sah Village- Anuraiya, PsKundwa Chainpur Dist- East Champaran 7.

Baleshwar Sah @ Balesh Sah son of Anant Sah Village- Anuraiya, PsKundwa Chainpur Dist- East Champaran 8.

Krishna Sah @ Krishna Kumar son of Anant Sah Village- Anuraiya, PsKundwa Chainpur Dist- East Champaran 9.

Dharmendra Sah son of Rambabu Sah Village- Anuraiya, Ps- Kundwa Chainpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354(B), 379, 504, 506, 307 of the Indian

Patna High Court CR. MISC. No.58675 of 2024(3) dt.19-11-2024 2/3 Penal Code.

3. As per the prosecution case, it is alleged that the petitioners along with other accused persons, forming an unlawful assembly, came and stated assaulting the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioner nos. 1 to 6, 8 and 9. He further submits that co-accused Krishna Kumar and petitioner no. 7 are said to have assaulted the wife of the informant causing fracture in her left forearm. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is general and omnibus allegation against petitioner nos. 1 to 6, 8 and 9, let the above named petitioner nos. 1 to 6, 8 and 9, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing

Patna High Court CR. MISC. No.58675 of 2024(3) dt.19-11-2024 3/3 bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kudwachainpur P.S. Case No. 208 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

7. Considering the facts and circumstances of case and the fact that there is specific allegation against petitioner no. 7, I am not inclined to enlarge petitioner no.7 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.7 is hereby rejected.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T