Nand Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71624 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== 1.

NAND KISHORE SAH Son of Ramji Sah Resident of Village- Balthar, P.S.- Balthar, District- West Champaran 2.

RAMJI SAH Son of Late Firangi Sah Resident of Village- Balthar, P.S.- Balthar, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74124 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== RATNESH PATEL @ RATNESH KUMAR PATEL S/O RAMJEE PATEL Resident of Village and P.S. Balthar, District- West Champaran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 71624 of 2022) For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 74124 of 2022) For the Petitioner/s :

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

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 337, 338, 427, 435, 353, 307, 504, 120B, 436 of

Patna High Court CR. MISC. No.71624 of 2022(2) dt.17-03-2023 2/3 the Indian Penal Code.

Allegation against the petitioners and co-accused villagers are that in protest thereof, attacked the police station and dismantled the articles. After that, 51 persons along with these petitioners are named in the FIR.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of secret information given by Chaukidar and unknown villagers. It is further submitted that for the same occurrence, three cases have been lodged and co-accused persons have been granted anticipatory bail in Cr. Misc. 50111 of 2022. Moreover, the petitioners are languishing in judicial custody since 22.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioner is directed to be released on bail in connection with Balthar P.S. Case No. 43 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.71624 of 2022(2) dt.17-03-2023 3/3 each to the satisfaction of learned C.J.M., Bettiah West Champaran.

(Sunil Kumar Panwar, J) Manish/- U T