Praveen Kumar Sah @ Pinku Sah @ Rinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71322 of 2019 Arising Out of PS. Case No.-441 Year-2018 Thana- BARARI District- Katihar ====================================================== 1.

Praveen Kumar Sah @ Pinku Sah @ Rinku Sah Son of - Arun Kumar Sah Resident of Village - Guru Bazar, Police Station - Barari, District- Katihar. 2.

Ankush Kumar Sah Mother - Anita Devi, Son of - Naresh Prasad Sah Resident of Village - Gandhi Geram, Police Station - Barari, DistrictKatihar. 3.

Kumod Kumar @ Kumod Kumar Sah Son of - Baiju Sah Resident of Village - Aashram Tola, Police Station - Barari, District- Katihar. 4.

Kanhaiya Kumar @ Kanhaiya Kumar Sah Son of - Baiju Sah Resident of Village - Aashram Tola, Police Station - Barari, District- Katihar. 5.

Pawan Kumar @ Pawan Chourasiya Son of - Surendra Chourasiya @ Surendra Prasad Bhagat Resident of Village - Guru Bazar, Police Station - Barari, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest in connection with Barari P.S. Case No. 441 of 2018, G.R. No. 5026 of 2018 for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.

The allegation against the petitioners and other fifteen named accused persons as also 40-45 unknown accused persons is that they were standing on the road and protesting against the

Patna High Court CR. MISC. No.71322 of 2019(2) dt.16-11-2019 2/2 death of one deceased namely Barun Kumar, whereafter the police had arrived there and thereafter, altercation had taken place in between the accused persons and the police party. The learned counsel for the petitioner submits that the petitioners have been falsely implicated in the present case and, in fact, there is no allegation of any sort of specific overt act or any act of destruction of property as against the petitioners herein. The petitioners are stated to be having clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs.

10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-vth, Katihar in connection with Barari P.S. Case No. 441 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.