Raja Sah @ Narendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70674 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- INARWA District- West Champaran ====================================================== 1.

Raja Sah @ Narendra Kumar Sah Son Of Tej Lal Sah R/O Village - Inarwa, P.S.- Inarwa, District - West Champaran 2.

Shailesh Mahto @ Shailesh Kumar Son Of Rampujan Mahato R/O Village - Inarwa, P.S.- Inarwa, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Inarwar P.S. Case No. 92 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 337, 338, 379, 427, 414 of the Indian Penal Code .

As per the prosecution case, the informant got secret information that a tractor loaded with betel nuts coming from Nepal for black marketing and when the informant intercepted the tractor 41 named and 150 unknown persons attacked the police party with bricks, stones and bamboos. Thereafter, police recovered 130 gunny bags and 100 cartoons but all the accused persons fled away It is submitted by the learned counsel for the

2/2 petitioners that from the FIR, it is evident that specific allegation has been levelled against co-accused Sharoj Gaddi and Rustam Mian so far as the petitioners are concerned, there is general and omnibus allegation. During the course of investigation no other material has come against the petitioners. They are only alleged to be the members of mob. Learned counsel for the State opposes the prayer for bail submitting that the petitioners have got criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Judicial Magistrate, 1st class, Bettiah, West Champaran in Inarwa P.S. Case No. 92 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) N.K/- U T