Nand Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65345 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== 1.

NAND KISHORE SAH Son of Ramji Sah Resident of Village - Balthar, P.S.- Balthar, Dist.- West Champaran.

2.

Mithlesh Sah Son of Ramji Sah Resident of Village - Balthar, P.S.- Balthar, Dist.- West Champaran.

3.

Ramji Sah Son of Late Firangi Sah Resident of Village - Balthar, P.S.- Balthar, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-03-2023 The matter has been taken up for online hearing through video conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Balthar P.S. Case No.42 of 2022 disclosing offences punishable under Sections147/148/149/341/342/323/324/325/326/332/333/307/ 337/338/379/380/427/353/447/448/452/302/395/186/188/201/50 4/506/120-B /436 of the Indian Penal Code and Section 27 of the Arms Act.

The occurrence is said to have taken place in the

Patna High Court CR. MISC. No.65345 of 2022(2) dt.04-03-2023 2/2 wake of a protest being made by a mob against custodial death of one Anirudh Yadav. The mob became unruly, causing huge damage to the public and private properties. A police personnel was killed in the occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that there are 357 persons who have been named in the FIR, including these petitioners. Petitioners No.1 and 2 are sons of petitioner no.3. He has drawn this Court's attention to an order dated 29.11.2022 passed in Cr. Misc. No.42801 of 2022 whereby several other persons made accused in similar circumstance have been allowed anticipatory bail. Considering the aforementioned submission and the nature of accusation, this application is allowed. Let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in Balthar P.S. Case No. 42 of 2022.

(Chakradhari Sharan Singh, ACJ) Sunil/- U T