Prem Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73414 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== PREM SHANKAR SAH S/o Asharfi Sah R/v- Balthar, P.S.- Balthar, DistrictWest Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74884 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== RITESH KUMAR @ RITESH YADAV Son of Ramdhani Yadav @ Ramdhari Yadav Resident of Village- Balthar, P.S.- Balthar, District- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73414 of 2022) For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Vinod Shanker Modi (In CRIMINAL MISCELLANEOUS No. 74884 of 2022) For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Balthar P.S. Case No. 44 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 337, 338, 353, 186, 188 of the Indian Penal Code.

As per prosecution case, all FIR named persons

Patna High Court CR. MISC. No.73414 of 2022(2) dt.20-03-2023 2/3 including these petitioner resorted to blockage of road and committed violence with the police part in protest of death of one person.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case on the basis of suspicion. It is further submitted that there is general and omnibus allegation and no specific overt act has been alleged against these petitioners. Similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 6.12.2022 passed in Cr. Misc. No. 46002 of 2022. It is further submitted that the petitioners namely, Prem Shankar Sah and Ritesh Kumar are languishing in judicial custody since 4.6.2022 & 4.8.2022 respectively. 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 petitioners are directed to be released on bail in connection with Balthar P.S. Case No. 44 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.73414 of 2022(2) dt.20-03-2023 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bettiah, Dist- West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T