Jay Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58388 of 2023 Arising Out of PS. Case No.-67 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

Jay Prakash Sah, S/o Late Kanhaiya Sah, R/o- Mohall Ilam Ram Chowk P.S.- Bettiah Town 2.

Mohammad Rajdar @ Rajdar Ahmad, S/o- Late Mohammad Rafi R/o- Jangi Masjid, P.S.- Bettiah Town District- West Champaran. 3.

Jawed Ahmad @ Mohammad Jawed Ahmad, S/o- Late Ali Iman P.S.- Bettiah Town. District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bettiah Town P.S. Case No. 67 of 2020 registered for the offences punishable under Sections 147, 148, 149, 353, 188, 323, 337, 338, 504 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioners is that the petitioners along with 500-600 of two different communities are said to have gathered and started pelting stone on each other due to which some police officials have also sustained injuries.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58388 of 2023(2) dt.20-09-2023 2/2 petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against these petitioners and similarly situated co-accused has already been granted anticipatory bail vide order dated 21.03.2022 by a coordinate Bench of this Court passed in Cr. Misc. No. 40204 of 2021. Petitioners have no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Bettiah Town P.S. Case No. 67 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T