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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64714 of 2022 Arising Out of PS. Case No.-232 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== 1.

KRISHNA KUMAR SAH @ KRISHNA KUMAR S/O LATE HARMUN SAH Resident of village- Chanpatiya, Ward No- 01, P.S.- Chanpatiya, District- West Champaran.

2.

BUDHAN KUMAR SAH @ BUDHAN SAH S/O LATE HARMUN SAH Resident of village- Chanpatiya, Ward No- 01, P.S.- Chanpatiya, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Prayer for anticipatory bail of petitioner No.1 has already been dismissed as withdrawn vide order dated 29.11.2022.

Heard learned counsel for the petitioner No.2 and the State.

Petitioner No.2 apprehends his arrest in a case registered for the offence punishable under Section 307, 353 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, this petitioner along with other accused persons made protest, abused and assaulted the police party in which two persons sustained injuries. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.64714 of 2022(3) dt.17-03-2023 2/2 that petitioner is innocent and has falsely been implicated in the case. There is no allegation of any specific overt act against this petitioner and it is only alleged that from the house of this petitioner stone was pelted on the police party. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner No.2, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Chanpatiya PS case No. 232/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T