Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1541 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Suresh Sah Son Of Late Rambachan Sah Resident Of Village - Nakchhed Bahuarwa, P.S.- Purshottampur, Distt.- West 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.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard both sides.

Petitioner apprehend his arrest in connection with Balthar P.S. Case No.42 of 2022, registered for the offences punishable under Sections 147, 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, 504, 506 and 120(B) of the Indian Penal Code as well as under Section 27 of the Arms Act. Allegedly, all the 357 FIR named accused persons including the petitioner and 100 unknown persons entered into the premises of police station and set the government vehicles on fire. They attacked the police vehicles and were raising slogans to kill the police officials. It is further alleged that they attacked the members of police party due to which some got seriously injured and one Havaldar was shot dead at the spot. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1541 of 2023(2) dt.02-05-2023 2/2 petitioner is innocent and have falsely been implicated in the present case. It is further submitted that similarly situated coaccused persons have already been enlarged on anticipatory bail by this Court vide order dated 29.11.2022 passed in Cr. Misc. No.42801 of 2022. He further submits that the petitioner has criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th, West Champaran at Bettiah in connection with Balthar P.S. Case No.42 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T