Gopal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9233 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gopal Sahani son of Janak Sahani, resident of village- Bahuari, Piparia Tola, P.S.- Lakhaura, District- East Champaran .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sharda Nand Mishra For the Opposite Party : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 332, 333, 342, 353, 380, 411, 427, 452, 504, 506 of the I.P.C and Section 3 of the Prevention of Damage to Public Property Act.
It is alleged that mob of 150 people entered into the premises of the police station damaged the furniture, glass and the vehicles standing there. It is specifically alleged that co-accused Babulal Sahani assaulted S.I. Krishna Ram with farsa when the Constables of the SAP were assaulted by the mob.
It is submitted by learned counsel for the petitioner that accusation is not specific against the petitioner.
Patna High Court Cr.Misc. No.9233 of 2015 (2) dt.10-03-2015 2/2 Co-accused Manohar Sahani was identified through video clipping who named the petitioner. Moreover except confession of the co-accused there is no material against the petitioner. It is further submitted that co-accused Manohar Sahani has been granted bail vide Cr. Misc. No. 38239 of 2014. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Muffasil(Lakhaura) P.S. Case No. 76 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T