Ram Khelawan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64437 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Ram Khelawan Sahani, Male, aged about 60 years, S/o- Yogendra Sahani, Resident of village- Jayutipur, PS- Bahera, District- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Bahera P.S. Case No. 89 of 2023 dated 15.02.2023 registered for the offences punishable under Sections 147, 341, 323, 353, 332, 307, 337 and 427 of the I.P.C.
3. As per the prosecution case, some local miscreants are alleged to have blocked the main road due to an accident in which a child had died and caused hindrance in discharging official duties of the police personnel. The instigated mob pelted stone and damaged private vehicle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.64437 of 2024(2) dt.20-11-2024 2/3 present case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case during the course of investigation. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from his possession. It is further submitted that the other co-accused persons Fulo Sahani vide Cr. Misc. No. 31654 of 2024 under order dated 02.08.2024 and Amarjeet Sahani vide Cr. Misc. No. 34678 of 2024 under order dated 02.08.2024 have been granted anticipatory bail by a Bench of this Court, annexed as Annexure-P/2 series to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Benipur, Darbhanga, in connection
Patna High Court CR. MISC. No.64437 of 2024(2) dt.20-11-2024 3/3 with Bahera P.S. Case No. 89 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T