Vishwanath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4262 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== VISHWANATH SAH SON OF LATE LALDHAR SAH VILLAGENAWALPUR, P.S- NAWALPUR, DISTRICT WEST CHAMPARAN ... ... Appellant/s
Versus
1 .
The State of Bihar 2.
LALDEV DAS SON OF LATE PUN DAS R/O VILLAGE- MENKA, PSIMMAMGANJ, DIST- GAYA. PRESENTLY POSTED AS PROBATIONER POLICE SUB INSPECTOR, PS- NAWALPUR OP.,DISTWEST CHAMPARAN ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s :
Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order dated 02.08.2024 passed in a case registered for the offence punishable under sections 308 ( 2 ), 115 ( 2 ), 303 ( 2 ), 324 ( 4 ), 132 , 121 (1) of BNS 2023 and sections 3(i)(r)(s)/3(2)(v) (a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.
3 . As per the prosecution case , on secret information , police personnel reached at the place of occurrence to execute the Non bailable warrnat issued by Court of learned JM 1st Class Bettiah West Champaran in TR. No. 1450 of 2022 , in the
Patna High Court CR. APP (SJ) No.4262 of 2023(5) dt.03-07-2025 2/2 meantime , this appellant along with other accused persons armed with Hasua and bamboo stick came there and abused police party and scuffled with them and also set free the accused persons from police custody and managed to flee away from the spot.
4. Considering the nature of accusation and also the fact that this appellant along with other co-accused persons attacked police party and hindered police personnel in discharging their official duties, I do not find any reason to interfere with the impugned order, accordingly this appeal is dismissed.
(Prabhat Kumar Singh, J) Koushik/- U T