Dinesh Sah @ Dinesh Kumar Sah @ Dinesh Kumar Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60711 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- SIMRI District- Buxar ====================================================== Dinesh Sah @ Dinesh Kumar Sah @ Dinesh Kumar Sahu Son of Sati Sah Resident of Village - Simri Dudhippti, P.S- Simri, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Adv.
For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Simri P.S. Case No. 202 of 2023 registered under Sections 147, 148, 149, 341, 323, 307, 379, 384, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on the alleged date and time of occurrence, when informant and one Chandan Kuwar came out of the Block Camp after attending a meeting, all the F.I.R. named accused persons including this petitioner, armed with deadly weapons, surrounded them and on the exhortation of co-accused Satyanarayan Dubey, co-accused Vijayshankar Dubey caused injury on the head of informant with butt of pistol, whereas other co-accused persons assaulted Chandan
Patna High Court CR. MISC. No.60711 of 2024(3) dt.04-10-2024 2/3 Kuwar with lathi and danda, due to which, Chandan Kuwar also sustained injury. It is next alleged that accused persons also snatched cash of Rs. 50,000/-, a locket and a bracelet from them as also took away cash of Rs. 3 lacs, which was kept in the car of informant.
4. Learned counsel for the petitioner submits that as per F.I.R., petitioner is only alleged to be member of the mob. There is no allegation of any overt act against petitioner. Specific allegation of assault is against co-accused Vijayshankar Dubey. Similarly situated several co-accused persons have already been granted bail by this Court vide orders dated 12.09.2024 passed in Cr. Misc. Nos. 61661 of 2024 and 61584 of 2024.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and similarly situated co-accused persons have already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Buxar in connection with Simri P.S. Case
Patna High Court CR. MISC. No.60711 of 2024(3) dt.04-10-2024 3/3 No. 202 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T