Amarjeet Kumar Sah @ Amarjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52579 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

AMARJEET KUMAR SAH @ AMARJEET SAH, S/o Raj Nath Sah, R/o village- Chakiya, P.S.- Manjhi, District- Saran at Chapra 2.

Sharda Kumari D/o Raj Nath Sah R/o village- Chakiya, P.S.- Manjhi, District- Saran at Chapra 3.

Himanshu Kumar Sah S/o Raj Nath Sah R/o village- Chakiya, P.S.- Manjhi, District- Saran at Chapra 4.

Pawan Kumar Sah @ Abhinv Kumar S/o Raj Nath Sah R/o village- Chakiya, P.S.- Manjhi, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 332, 333, 353 and 188 of the Indian Penal Code. The prosecution case is that on 04.06.2018, at 10.30 A.M., the informant being the police officer, proceeded for patrolling and reached near village- Chakiya in connection with a complaint made by one Raju Gupta. It is alleged that in course of enquiry, despite initiation of proceeding under Section 144 of the Cr. P.C. in connection with a land, people of two groups

Patna High Court CR. MISC. No.52579 of 2019(3) dt.16-11-2019 2/3 started quarreling with each other and started pelting stones. It is alleged that petitioner no.1 along with others assaulted the informant and other police personnel with sword and instigated the mob to put the police vehicle on fire.

It is submitted by learned counsel for the petitioners that the accusation of assault is not specific against any of the petitioners and there is nothing on record to suggest that petitioners made any assault. Moreover, the police vehicle was not put on fire. In fact, in order to help the adversary of the petitioners, the present case has been lodged. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

After going through the case diary, learned APP for the State submits that the petitioners along with the mob assaulted the police personnel and three persons received simple injuries. Considering the accusation not being specific against the petitioners, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.52579 of 2019(3) dt.16-11-2019 3/3 two sureties of the like amount each to the satisfaction of the learned ACJM-I, Saran at Chapra, in connection with Manjhi P.S. Case No.153 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T